IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 52 of 2009 IN CRIMINAL WRIT PETITION No. 809 OF 2005 M/s Dhanawardhini Investment Finance Ltd. and Ors .. Applicant. Vs. Dr Arjun H. Chgaphkar and Anr .. Respondents. None for the Applicant. Shri Sanjay Udeshi i/b M/s Sanjay Udeshi & Co. for Respondent No.1. Mrs S. D. Shinde, A.P.P. for the State. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. CORAM : A.R. JOSHI,J. DATED : 4th April,2009. DATED : 4th April,2009. DATED : 4th April,2009. P.C.:- P.C.:- P.C.:- 1. None appears for the applicant. 2. Heard learned Advocate Shri Sanjay Udeshi appears for respondent no.1 (original complainant in proceedings under Section 138 of the Negotiable Instruments Act, 1881 (the N.I.Act for short). Ms S.D. Shinde, learned A.P.P. appears for the State-Respondent No.2. 3. The applicant has moved the present application for restoration of Criminal Writ Petition No. 809/2005 dismissed on 12.12.2005, due to non-compliance of directions given on 14.11.2005. 4. Certain earlier factual position can be reproduced, in order to see as to how the proceedings under section 138 of the N.I. Act are being protracted and how the time of the courts is being killed by challenging the issuance of process and then not following up of the matters effectively before the High Court. 5. On 11.8.2000 present respondent no.2 - original complainant lodged the complaint under section 138 of the N.I.Act against original accused in the Court of the J.M.F.C.Pune. On the basis of averments in the said complaint process was issued against the accused, however, it was recalled by the Judicial Magistrate,F.C.Pune on the application moved on behalf of the accused for want of jurisdiction alleging that Nagpur court has jurisdiction to entertain such matter. The said plea of the accused was accepted and the J.M.F.C.Pune returned the complaint for its production before the appropriate forum at Nagpur. The said order was challenged by the complainant before the Sessions Court, Pune in Criminal revision. The said revision application was allowed and the matter was directed to be taken up by the J.M.F.C.Pune. This order of learned Sessions Judge,Pune is under challenge in the present criminal writ petition before this Court. 6. Admittedly, present writ petition came to be dismissed in the month of December,2005 and as such today also nobody remained present for original accused-petitioners. Hence, Criminal Application No. 52 of 2009 stands dismissed and accordingly disposed of. 7. Interim orders, if any, shall stand vacated. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)