1 APEAL-1589.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPEAL NO.1589 OF 2011 NKGSB Co-op. Bank Ltd. .... Appellant Vs. The State of Maharashtra & Anr. .... Respondents S/Shri Harshad Sathe i/b Harshad V. Bhadbhade for the Appellant. Smt. V.R. Bhosale, APP, for the State. Shri Anand S. Patil for Respondent No.2. CORAM: R.C. CHAVAN, J. DATED: DECEMBER 20, 2011 P.C: 1. Heard. By consent of the parties, the appeal is taken up for immediate hearing. For the reasons recorded in the order passed today in Criminal Application No.1420 of 2011 for leave to file appeal, the appeal is allowed and the impugned order dated 6-11-2009 is set aside. The complaint is restored to file of the learned Judicial Magistrate, First Class, Kolhapur, subject to however the applicant paying to respondent No.2 costs quantified at `5,000/-, since respondent No.2 has been dragged to this Court for the lapse on the part 2 APEAL-1589.11 of the complainant. The costs to be paid to respondent No.2 within a period of two weeks, or if respondent No.2 refuses, to deposit with the trial Court within the same period. If the costs are not paid/deposited within the time stipulated, this order as well as the order granting leave to file appeal shall stand revoked without further reference to the Court. 2. Both the parties to appear before the learned Magistrate on 9-1-2012 at 11:00. 3. The appeal accordingly stands disposed of. (R.C. CHAVAN, J.)