IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.907 OF 2009 Mustakin Yakub Darzi .. Applicant V/s. Obedullah Khadar Shaikh & Anr. .. Respondents Mr.M.C.Shaikh i/b.Mr.R.R.Sharma for the Applicant. Mr.A.A,Mirza, for Respondent No.1. Mr.S.R.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 17TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to file an appeal against the order of dismissal of complaint by Metropolitan Magistrate 10th Court, Andheri, Mumbai. The original compliant filed by the applicant complainant in the matter of section 138 of Negotiable Instruments Act proceeding, came to be dismissed on 3rd December, 2008 for non appearance of the complainant and it was so dismissed under section 1 256 of Criminal Procedure Code, acquitting the accused. 3. After hearing rival submissions and on going through Roznama of the Trial Court proceeding, it appears that leave to Appeal in the present case is required to be granted and in fact by the same order it is decided to disposed of the present criminal Appeal as a matter is required to be remanded back to the concerned Trial Court Magistrate. In view of the above, leave to appeal is granted. 4. Appeal is admitted and disposed of accordingly. 5. The matter is remanded back to the concerned Metropolitan Magistrate Court at Andheri for trial of criminal complaint C.C.No.3072/SS/2006 according to law. 6. Office to register the Appeal and then to act on the present order. (A.R. JOSHI, J.) 2