1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3900 OF 2008 Santosh Tukaram Bansode .. Applicant. V/s. M/s.Vishnu Steel & Others .. Respondents. Shri A.G. Revankar, i/b. M/s.A.G.Revankar & Co., for Applicant. Shri D.P. Adsule, A.P.P. for state. Coram: A. R. JOSHI, J. Dated: 15th JULY, 2009. P.C.: 1. Heard learned Advocate for the Applicant. Reportedly, Respondent Nos. 1 to 3 are served and service affidavit is filed. 2. It is mentioned that another connected Criminal Application No.3901 of 2008 for similar relief was filed by present Applicant against same Respondents and said application was allowed and leave was granted and also the appeal was admitted and allowed by this Court vide order dated 23rd April, 2009. By said order, the matter was remanded back to the concerned Trial Magistrate for dealing with the complaint of the Applicant against the Respondents Accused. Srj 2 3. Apparently, similar circumstances prevailed when the present leave petition came to be filed for allowing the filing of the Appeal. In the present matter also, there is dismissal under the provisions of section 256 of Criminal Procedure Code. As Applicant was absent for 3 dates, thereby, rendering dismissal of the complaint and acquittal of Accused Respondent Nos.1 to 3. 4. Considering the said situation, matter not heard on merits in the dishonour of cheque of Rs.1,50,000/-, it would be in the interest of justice to allow the matter to be heard on merits before the Trial Magistrate. In the result, present leave petition is allowed. Appeal is admitted and the same is consequently allowed with directions to send present matter before the concerned Trial Magistrate, to be heard according to law and to dispose it of at the earliest after hearing the rival parties. 5. With the directions, the present leave petition and also the appeal is accordingly disposed of. 6. Certified copy to be expedited. (A.R.JOSHI, J.) Srj