1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2409 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Vinod Ratilal Shah .. Applicant V/s. The State of Maharashtra & Anr. .. Respondents Applicant present in person. Respondent No.2 present in person. Mr.D.P.Adsule, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 29th, 2009. P.C. Heard both the parties who are in person. Today Respondent No.2 original acquittal accused appeared before the Court. 2. It is the matter of bouncing of cheque of Rs.1 lakh. It appears that on 25th June, 2008, M.M.Court, 31st Vikhroli, Mumbai noted the absence of the complainant and kept the matter on 27th June, 2008 that is after two days and on 27th June, 2008 when complainant was again absent, the matter came to be dismissed as per the provisions 2 of section 256 of Criminal Procedure Code, resulting in the acquittal of the accused. 3. After hearing the rival submissions, it is desired by both the parties to have amicable settlement in the matter and as such in the opinion of this Court, present leave petition and also appeal against acquittal can be allowed with directions to the trial Court to disposed of the matter expeditiously, if same is not compromised. In the result, leave petition is allowed. 4. Appeal is admitted and accordingly disposed of with the directions that the matter be sent back to the concerned M.M.Court, 31st Vikhroli, Mumbai for disposal of the case after securing the presence of rival parties and preferably within six months from the date of receipt of papers. 5. In the meantime, before the trial Magistrate both the parties can explore possibility of amicable settlement and withdrawal of the complaint. 6. With these directions leave petition and appeal are disposed of. (A.R. JOSHI, J.)