1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1509 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 M/s.Ashoka Industries .. Applicants V/s. Kashyap Patel & Anr. .. Respondent Mr.Shreeram Shirsat for the Applicants. Mr.Ashwin Shete i/b.M/s.Khaitan & Jaykar for Respondent No.1. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 22nd ,2009. P.C. Heard rival submissions for some time. 2. It is an application for leave to file an appeal against the acquittal of Respondent No.1 for the offence punishable under section 138 of 2 Negotiable Instruments Act. 3. Perused the leave petition and accompanied documents and mainly the Roznama from June 2006 to December, 2008. Impugned order challenged in the present matter was passed on 22nd December, 2008 and complaint was dismissed for non filing of affidavit in support of evidence of complainant and though it is mentioned in the matter that accused were discharged of the offence under section 138 of Negotiable Instruments Act, it amounts to the acquittal. On perusal of the Roznama as mentioned above, it appears that somewhere during December 2006 and March 2007 there were some talks of amicable settlement between the parties, however, it is not materialized. Thereafter the matter was posted for evidence and from October, 2007 till October, 2008 on all dates complainant present, however, on such dates bailable warrants were required to be issue against the accused for his absence. After October 2008, matter was adjourned to 26th November, 2008 and only on that date complainant was absent, but his Advocate was present and thereafter on 22nd December, 2008 though complainant was present no steps were taken by him to file the affidavit in support of the examination in chief and hence, the impugned order came to be 3 passed. From the arguments on behalf of the applicant it appears that during the period of December, 2008 his brother was hospitalized for hearat trouble and prior to that complainant was also hospitalized for some ailment. 4. Considering the above circumstances and considering the dismissal of compliant which is for the dishonour of cheques amounting to Rs.2,83,000/- and odd and that also disposal not on merits, in the opinion of this Court, in this matter a leave can be granted and in fact the appeal can be admitted and also disposed of at this stage itself with specific directions to the trial Court to dispose of the matter within time bound programme. Hence, order : :: O R D E R :: i. Leave petition is allowed. ii. Appeal is admitted and also disposed of with the directions to the learned trial Metropolitan Magistrate to dispose of the matter within six weeks on receipt of the papers and after giving opportunity to rival parties. The matter is sent back to the trial Court with above 4 directions. iii. Leave application and appeal are accordingly disposed of. (A.R. JOSHI, J.)