1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2314 OF 2008 Dr.Dinesh Chhaya .. Applicant Vs. The State of Maharashtra .. Respondent Mr.J.A.Udaipuri i/b M/s.Udaipuri & Co. for the applicant Ms.A.S.Pai, A.P.P. or the State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 14TH DECEMBER, 2009 P.C. : 1. This petition has been filed by the Complainant seeking a direction against the investigating agency to cause arrest of the absconding accused, Sudhir N.Patil in Court Case No.30/PW/2006 which is pending on the file of the Learned Metropolitan Magistrate s, 26 ’ th Court at Borivali (West), Mumbai 400 092. The respondents have filed their affidavits in reply from time to time. The matter now is being investigated by the I.O., Kasturba Gandhi Marg Police Station, Borivali. By communication dt. 14.12.2009, the I.O. has informed the P.P. about the progress made in the investigation. The same is taken on record and marked X for ‘ ’ 2 identification. 2. As per the contention of the respondent State which can be made out from the communication addressed to the P.P. by the I.O., the trial court on 25.2.09 has issued a notice to the said Sudhir N.Patil for appearing in court. Accordingly, on 6.03.09 the accused Sudhir N.Patil appeared in court alongwith his lawyer and came to be released on bail. The I.O. on 9.12.09 has filed a supplementary charge sheet in the matter and the case is adjourned to 29.01.2010 for further hearing before the trial court. 3. The learned counsel appearing for the applicant / complainant states that the police have been soft in so far as the arrest of the main accused i.e. Sudhir N.Patil is concerned and the very fact that the accused has been released on bail immediately on his appearing before the court supports his contention. 4. The complainant having suffered wrongful loss of a sum of Rs.35 lacs on being cheated by Sudhir Patil and Ors against whom offences u.s.420, 120B and 34 of the I.P.C. have been registered and charge sheet is also filed. The Complainant/Petitioner has stake in the matter insofar as the monetary claim is concerned. In view of fact that Sudhir N.Patil has now been arrested and supplementary charge sheet is filed by the I.O., nothing survives in the application. The Complainant can put forth his case 3 through the P.P. before the trial court and may appoint an advocate of his choice for conducting trial before the Magistrate, if permissible under the law. 5. With these observations, we dispose of the application as infructuous. ( J. N. Patel, J) (A.A. Sayed, J)