1 APPLN.1071-2008 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1071 OF 2008 WITH CRIMINAL APPLICATION NO. 1072 OF 2008 WITH CRIMINAL APPLICATION NO. 1073 OF 2008 WITH CRIMINAL APPLICATION NO. 1074 OF 2008 WITH CRIMINAL APPLICATION NO. 1075 OF 2008 WITH CRIMINAL APPLICATION NO. 1076 OF 2008 M/s Gratex Industries Ltd. . ..Applicant. Vs. M/s Consortex Kal Doelitzsch(India) Ltd. & Anr. ..Respondents. -- Mr. Niranjan Mudargi, for the applicant in all Applications. Mrs. M.M. Deshmukh, APP for the State in all Applications. -- CORAM: U. D. SALVI, J. APRIL 11, 2011. P.C.: 1 Substituted service of notice on the contesting respondents is complete as per affidavit of service dated 3.12.2010. 2 Heard. Perused the Criminal Applications for leave to appeal. 2 APPLN.1071-2008 3 Leave granted. 4 Heard. Perused the appeal memos and impugned orders dated 29.1.2008 passed in complaints being CC No.2244/SS/05, CC No. 2245/SS/05, CC No.2246/SS/05, CC No.2247/SS/05, CC No.2248/SS/05, CC No.2249/SS/05 respectively by the learned Metropolitan Magistrate 12th Court at Bandra, Mumbai. 5 Leave applications as well as the appeals were to be disposed off at the time of admission as per the order passed on 10.4.2008. Copies of Roznamas in the said cases reveal that the complainant was duly represented by his Advocate and had remained present on 20.11.2007. The cases were posted for getting response to bailable warrants issued against the accused. As none appeared, the cases came to be adjourned to 29.1.2008 for the same purpose. According to the applicant the advocate representing the complainant misunderstood the order dated 20.11.2007 adjourning the case to 29.1.2008 and took it as adjourned to 29.2.2008. 6 It appears that the trial court on the adjourned date proceeded to pass the impugned orders and discharged the accused. Both law and justice require interference in the impugned orders passed by the learned Metropolitan Magistrate on 29.1.2008. 3 APPLN.1071-2008 7 In the circumstances, the appeals are allowed. Impugned orders dated 29.1.2008 are set aside. Applicant to appear before the learned Metropolitan Magistrate 12th Court at Bandra, Mumbai on 13.06.2011. CC No.2244/SS/05,CC No.2245/SS/05, CC No.2246/SS/05, CC No. 2247/SS/05, CC No.2248/SS/05, and CC No.2249/SS/05 to proceed according to law. (U. D. SALVI,J.)