IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NOS. 542, 543 & 544 OF 2008 CRIMINAL APPLICATION NOS. 542, 543 & 544 OF 2008 CRIMINAL APPLICATION NOS. 542, 543 & 544 OF 2008 T.C. Easow & two others .... Applicants versus Vijay kumar and two others....... Respondent. Mr. K.K.Malpathak for the applicant Ms. Yasmin Tavara for Respondent no.1. Mr. Y.S.Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 11TH MARCH, 2008 DATED; 11TH MARCH, 2008 DATED; 11TH MARCH, 2008 P.C.; P.C.; P.C.; 1. By consent of parties the applications are taken up for final hearing. The present applicants are original accused in a Criminal Case filed by the respondent no.1 bearing No. 449/00 pending on the file of Chief Judicial Magistrate, Thane under section 138 and 142 of the Negotiable Instrument Act. The trial court issued process against the accused and the said order was challenged by filing three Criminal Applications in this court bearing Nos. 8215, 8216 and 8217 of 2005. This court by an order dated 23-12-2005 did not entertain the applications in view of the availability of an alternative efficacious remedy in the form of revision before the Sessions Judge. Appropriate directions were also issued while disposing of the said Criminal Applications in regard to the delay in filing of the revision application before the Sessions Judge. The applicants thus filed three revisions under section 397 of Cr.P.C. against the order of issue process. The grounds of challenge to the issue process order are set out in the Revision Applications. The Additional Sessions judge, Thane heard the criminal revision applications and disposed them off by a common order dated 2-11-2007. Perusal of the said order reveals that there is no adjudication of any of the grounds raised in the criminal revision and the criminal revisions stand disposed of by issuing a direction to the complainant to take appropriate steps for consolidation of cases pending against M/s. Manna Trade Lines, Kochi, and persons associated with it. The revision applications thus have not been decided on merit. A cryptic order is issued that the complainant should move before proper forum for consolidation of all cases with a view to avoid conflict of decisions. As criminal applications are not decided on merit and as no contentions raised has been addressed, I am constrained to interfere with the impugned order in exercise of jurisdiction under section 482 of Cr.P.C. There is no iota of doubt that the Additional Sessions judge has failed to exercise jurisdiction vested in it by law by not deciding the criminal revision applications in accordance with the law. In the result, the criminal applications are allowed. Impugned order passed by the Additional Sessions Judge, Thane dated 2-7-2007 is quashed and set aside. The Revisional applications moved by the present applicants before Sessions judge shall stand restored to file and the Additional Sessions Judge, Thane shall decide the said revision applications on merit in accordance with the law. Having regard to the passage of time initially before this court and thereafter before the Sessions Judge, I deem it appropriate to direct expeditious disposal of the criminal revision applications by the Additional Sessions Judge. I hope and trust that the Additional Sessions Judge shall decide the criminal revision applications as expeditiously as possible and at any rate within a period of two months from today. All contentions raised in these applications are left open to be agitated before the Sessions Judge. ...