IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 278 OF 2009 M/s Subhash Knitting Industries through Subhash Mehra, Partner ... Petitioner. Vs. Mr. SohilNoornai & Anr. …Respondents. ---- Mr.Prosper F. D’Souza, for the Petitoner. Mr.S.B. Shelar, for Respondent no.1 Mr. Y.M. Nakhwa, APP for the State CORAM: A.S. OKA, J. DATE: 7TH JULY, 2009. P.C.: 1. Heard the learned Counsel for the Petitioner and learned Counsel for the first respondent. Rule. Considering the narrow issue involved, the Petition is taken up for final disposal. 2. The Petitioner is the complainant in a Complaint under Section 138 of Negotiable Instruments Act, 1881. The first respondent was convicted by the trial court. An appeal was preferred by the first respondent before the Session Court. There was a revision application filed by the applicant for enhancement of compensation. By the : 2 : impugned Order, by setting aside judgment of the trial court, the learned Additional Sessions Judge passed an order of remand. 3. After arguing the matter for some time, the learned Counsel for the parties agreed that the order of remand be set aside and the appeal as well as the revision application be restored with a direction to the learned Sessions Judge to decide the appeal and revision application on merits. The learned Counsel for the Petitioner prays that the petitioner may be permitted to lead additional evidence. However, as of today, no such permission can be granted and it will be for the Petitioner to apply before the Sessions court in that behalf. Hence, I pass the following order: a) The impugned judgment and order dated 9th April 2008 is quashed and set aside. b) The Criminal Appeal No.398 of 2004 and Criminal Revision Applicatin No.999 of 2004 are restored to file of the Session Court. c) The Sessions Court is directed to hear and decide the said matters a fresh in accordance with law. The appeal and revision application shall be decided as expeditiously as possible and preferably by 31st December 2009. d) All contentions of the parties on merits are kept open. e) The Writ Petition is disposed of on above terms. JUDGE