[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.679 OF 2008 IN CRIMINAL APPLN.NO.2791 OF 2008 Kajaria Ceramics (Mr.Manoj K.Mishra) ..Applicant Vs. Mr.Sarvasiddhi Krishna Mohan and Anr. ..Respondents ... Ms.Reshma Mishra Advocate for Applicant Mr.A.M.Saraogi Advocate for Respondent No.1-accused Mr.A.R.Patil A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JANUARY 20, 2009 DATE : JANUARY 20, 2009 DATE : JANUARY 20, 2009 P.C. P.C. P.C. 1. Leave to amend is granted. Amendment to be carried out forthwith. Heard the learned advocate for the applicant-original complainant, the learned advocate for the respondent no.1-original accused and the learned A.P.P. for the State. 2. FIR No.468 of 2007 came to be lodged by the applicant against the respondent-accused at MIDC Police Station, Mumbai for the offence under Sections 406, 420 read with Section 34 of IPC. The respondent-accused preferred an application for [-2-] anticipatory bail before this Court. By order dated 29.8.2008, this Court disposed of the said application directing that in case, the police wants to take the applicant into custody in CR No. 468 of 2007, then seven days notice be given to the applicant prior to his arrest. 3. The learned advocate for the applicant-complainant has stated that thereafter, the respondent no.1-accused has not appeared before the trial Court. She has further stated that though the investigation is over, the investigating agency is unable to file the charge sheet as respondent no.1-accused has not appeared before the trial Court till today. Hence, the applicant has sought direction to the respondent to surrender himself before the trial Court. 4. The learned advocate for respondent-accused states that within a period of three weeks, the respondent no.1-accused will appear before the trial Court. He undertakes to inform within seven days from today the Investigating Officer as well as the learned advocate for the complainant the day he will appear before the trial Court. He also [-3-] undertakes to furnish them his current residential address within the said period. In view of the undertakings given on behalf of the respondent no.1-accused, I am of the opinion that no further orders are necessary. Hence, this application is disposed of. 5. It is made clear that if the respondent no.1-accused fails to remain present before the trial Court within a period of three weeks from today, the order dated 29.8.2008 whereby the protection has been granted to the respondent no.1-accused, shall stand automatically vacated. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]