IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO,396 OF 2008 IN CRIMINAL WRIT PETITION NO.1347 OF 2007 IN CRIMINAL REVISION APPLICATION NO.1358 OF 2007 IN C.C.NO.2216/SS OF 2005 IN METROPOLITAN MAGISTRATE' S 10TH COURT,ANDHERI Surinder Singh & Anr. .. Petitioners V/s. Indravadan Vrajlal Shah & Ors. .. Respondents Mr.Bhupesh G.Singh for Diwakar Divedi for the Petitioners. Mr.Pranav Sampat i/b.Thakore Jariwala & Associates for Respondent Nos. 3 1 and 2. Ms.S.D.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 3RD, 2009. P.C. 1 Heard rival submissions. Also heard learned A.P.P. for State of Maharashtra. 2. It is the application preferred by the original complainant in 138 of Negotiable Instrument Act proceedings for setting aside the effect of the order dated 30th August, 2008 passed by the Sessions Court, Greater Mumbai. Vide the said order, directions were given to the Petitioner present Applicant to annexe true copy of the original complaint preferred before the Metropolitan Magistrate's Court and to be annexed to the criminal Writ Petition No.1347 of 2007. By the said order, it was further directed that if compliance was not done before 12th December, 2007, said writ petition will stand dismissed for non prosecution. 3. It appears that instead of annexing the copy of original complaint to the Petition, original complainant served it on the accused on 2nd September, 2008 presuming that it was the valid compliance of the order. Today it is prayed vide present criminal Application under order that the dismissal of the criminal Writ Petition No.1347 of 2007 be set aside and Petitioner Original complainant may be allowed to annex his original complaint with the said Writ Petition and the said Petition may be taken for hearing on merits. 2 4. Heard the learned Advocate for Respondent Nos.1 and 2. He had agreed that copy of the original complaint was served on him. In fact, he was knowing said filing of the complaint as he had earlier preferred Revision before the Sessions Court against issuance of process. Now in order not to wastage any more time in such preliminaries, in the opinion of this Court present Criminal Application can be allowed and Writ Petition No.1347 of 2007 be restored to file for hearing on merits. Hence, the order. :: O R D E R :: i. The Application is allowed. ii. Petitioner Original Complainant is allowed to annexe the copy of his original complaint to the Writ Petition No.1347 of 2007 and said Writ Petition be restored to the original file. (A.R. JOSHI, J.) 3