:1: 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 WRIT PETITION NO. 1675 OF 2003 CRIMINAL WRIT PETITION NO. 1675 OF 2003 CRIMINAL WRIT PETITION NO. 1675 OF 2003 Gulshankumar N. Mehta ..Petitioner versus Pitamber Gerimal & Anr. ..Respondents Mr. S. Dhadge for the Petitioner. Mr. V. B. Konde-Deshmukh, APP for the Respondents - State. CORAM : D. G. DESHPANDE, J. CORAM : D. G. DESHPANDE, J. CORAM : D. G. DESHPANDE, J. DATE : 1ST AUGUST, 2006 DATE : 1ST AUGUST, 2006 DATE : 1ST AUGUST, 2006 P.C. : P.C. : P.C. : 1. Heard counsel for the Petitioner and learned APP for the State. 2. Petitioner - Original complainant has challenged the order passed by the Revisional Court, by which Revisional Court i.e. Adhoc Addl. Sessions Judge, Raigad, Alibag, discharged the Respondents - accused vide order dated 13.8.2003. From the order itself, it appears that the present petitioner who was opponent No.1 in that Revision was absent when the matter was called out and no sufficient opportunity was given. Therefore, after :2: hearing the accused, the Revisional Court has passed the impunged order. It is admittedly an exparte order. Respondents No. 1 and 2 in this petition before this court are served as per the affidavit of service. Nobody is present for the respondent Nos. 1 and 2. Therefore, the only order that can be passed in the interest of both the parties, that the order dated 13.8.2003 passed by Adhoc Addl. Sessions Judge Raigad - Alibag in Criminal Revision Application No. 102 of 2002 be set aside and that the matter be heard afresh after hearing the petitioner also. Therefore, order: ORDER ORDER ORDER . Petition is allowed. Rule made absolute. . Order dated 13.8.2003 passed by Adhoc Addl. Sessions Judge Raigad - Alibag in Criminal Revision Application No. 102 of 2002 is set aside. Revision is restored to the file of Sessions Judge, Raigad - Alibag. He will issue notice to both the parties and hear both the sides and then decide the matter on its own merits. . Counsel for the petitioner to communicate this order to the concerned court. :3: (D.G. DESHPANDE, J. ) (D.G. DESHPANDE, J. ) (D.G. DESHPANDE, J. )