1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 199 OF 2009 M/s Elite Construction Co. Appellant. vs. State of Maharashtra and Ors .. Respo9ndents. Mrs Shilpa Kapil for the Appellant. Mrs M. H. Mhatre, A.P.P.for the State. CORAM: A.R.JOSHI,J. DATE : 17TH JUNE,2009. P.C.:- 1. Learned Advocate Shri Rajesh Tekale for the respondent No.2 is present. He filed V.P., for Respondent No.2 Shri Mallappa H. Pujari, partner of Respondent No.4. Heard rival submissions for some time. The appellant has filed appeal against the order of acquittal passed by the M.M. Court No.44th at Andheri, Mumbai on 7.8.2007. 2. It appears from the record that vide order of this Court (Shri A.S.Oka,J) dated 12th February, 2009 in 2 Criminal Application No. 3651 of 2007 leave is granted to the appellant to prefer appeal. 3. The impugned order came to be passed under the provisions of section 256 of the Cr.P.C., dismissing the complaint and acquitting the accused persons for the absence of complainant and Advocate. Reportedly, that time accused no.2 was not present and N.B.W., was pending against him. Considering the small issue, the facts and dismissal of the complaint which is for taking action against the accused for the offence punishable under Section 138 of the N.I.Act, in the opinion of this Court, at this stage itself the appeal is required to be allowed by setting aside the impugned order and giving suitable directions to the learned Magistrate. 4. In the result, appeal is allowed. The impugned order dated 7.8.2007 is set aside. The matter is restored to the file of M. M. Court No.45, Andheri,Mumbai. The learned Magistrate is directed to deal with the matter according to law and dispose of the same within period of six months from the receipt of the writ of this Court after issuing notices to the rival parties. With these directions appeal is disposed of. A.R.JOSHI,J.