1 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3038 OF 2005 WITH CRIMINAL WRIT PETITION NO. 3039 OF 2005 Jamnadas Khimji Masalawala ... Petitioner. Vs. State of Maharashtra & Ors. ... Respondents. Mr. S.C. Mangle i/b Mr. N.R. Bubna for the Petitioner. Mr. Rajesh More, APP for State/Respondent No.1. CORAM: A.S. OKA, J. DATE: 24TH APRIL, 2009. P.C. Heard learned Counsel appearing for the Petitioner. In these two petitions the order impugned is passed under section 256 of the Code of Criminal Procedure, 1973, by which the complaints filed by the petitioners having been dismissed on the ground of default of petitioners. A remedy under sub section 4 of the section 378 of the Code of Criminal Code, 1973 is available to the petitioners. As the statutory remedy is available, these petitions are not entertained and hence the same are accordingly rejected. However, statutory remedy of the petitioners is kept open. JUDGE,