((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.98 OF 2009 WITH CRIMINAL APPLICATION NO.140 OF 2009 Laxman Ramchandra Sonawane Appellant versus State of Maharashtra Respondent Rahul D. Metkari for the appellant. J.P.Yagnik, APP for the State. CORAM : A.S.OKA, J. DATE : 11th February 2009 PC : 1. The impugned order has been passed by the learned Assistant Sessions Judge. The substantive sentence is of three years of rigorous imprisonment. In view of sub section 3 of section 374 of the Code of Criminal Procedure, 1973, the appeal is maintainable before the appropriate Sessions Court. 2. Hence, the memorandum of appeal along with the pending application and its accompaniments shall be returned to the advocate for the appellant for presentation to the appropriate Sessions Court. ((-2-)) 3. To enable the appellant to file the appeal before the appropriate Sessions Court, the ad-interim order passed by this Court dated 5th February 2009 will continue to operate till 21st February 2009. It is obvious that while considering the issue of limitation the concerned Sessions Court will take into consideration the fact that the appeal was filed in this Court on 4th February 2009 and was ordered to be returned today. the issue of limitation. (A.S.OKA, J.)