IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.135 OF 2006 Mr.Jayesh P. Rathod .. Appellant Versus M/s.Somling Electronics Pvt Ltd & Ors. .. Respondents Ms.Neeta V. Parikh for the appellant. Mr.Y.S.Shinde, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th February 2009. : 17th February 2009. : 17th February 2009. P.C.: . For the reasons separately recorded in the judgment, following is the operative part of the same: (i) The impugned order dated 23rd May 2003 is quashed and set aside and complaint bearing CC No.904/S/2002 is restored to the file of the trial Court. (ii) The trial Court will proceed with the case from the stage at which it was pending on 23rd May 2003. Before proceeding with the case, the trial Court will issue fresh summons to 1st (2) and 2nd respondents (accused). (iii) Appeal is partly allowed in above terms with no orders as to costs. (A.S.Oka,J)