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 APPEAL No.200 of 2009 Sagar Shamrao More. .. ..Appellant. vs. Satish Khaladkar Etc. .. ..Respondents. Mr P.H. Hagare, Advocate for the appellant. Ms M.H.Mhatre, A.P.P.for the State. None for respondent no.1. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. P.C.:- P.C.:- P.C.:- ----- 1. Heard the learned advocate for the appellant and the learned A.P.P.for the State. None appears for respondent No.1 - original accused. 2. Earlier leave was granted by this Court vide order dated 6th February, 2009 in Criminal Application No. 3647 of 2007 to file appeal against the order of acquittal of respondent no.1-original accused, passed by the Judicial Magistrate, F.C.Pune in the matter of offence punishable under Section 138 of the N.I.Act. 3. Reportedly, the impugned judgment and order came to be passed when the applicant did not remain present before the Trial Magistrate and due to such absence, matter came to be dismissed vide order dated 8.2.2006. It is a matter of dishonour of cheque for the amount of Rs. 3,30,000/-. In the opinion of this Court, matter is required to be remanded back to the learned Trial Magistrate for disposal of S.C.C.No. 4804/2004 according to law, after hearing the parties on merits. 4. In the result, appeal is allowed. Matter is remanded back to the learned J.M.F.C.Pune for disposal according to law. 5. Criminal Appeal is disposed of in terms of above order. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)