1 Criminal Appeal No.120/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO.120 OF 2011 Popat s/o Vishwanath Sable, Age 27 years, Occ. Business, R/o Near Vaishnavi Devi Temple, MIDC, Waluj, (Pandharpur), Taluka and District Aurangabad. ... APPELLANT VERSUS Bhaginath s/o Raghunath Jadhav, Age 34 years, Occ. Service, R/o At Post Pal, Tq. Phulambri, District Aurangabad ... RESPONDENT ..... Shri P.M. Gaikwad, Advocate for the appellant Shri P.M. Kulkarni, Advocate for the respondent ..... CORAM : U.D. SALVI, J. DATED : 15th September, 2011. ORAL JUDGMENT : 1. Heard. Perused. Admit. By consent, appeal is taken up for hearing and final disposal. 2. It is revealed that, there was no sufficient opportunity made available to the complainant to produce his witnesses for cross-examination and to contest the matter on merits. According to the complainant, there are five witnesses namely the complainant; his father Vishwanath; Dilip Sukhdeo Ingle, P.S.I.; Manager of Deogiri Nagari Credit Cooperative Society and 2 Criminal Appeal No.120/2011 Sahebrao Narayan Mhaske, to be examined for adducing the evidence in support of the complainant’s case. Statement is made to keep the said witnesses present before the Court on given dates and to pursue the case diligently. Deserves one more opportunity to pursue the case – R.C.C. No.1630/2006, lodged in the Court of the Judicial Magistrate, First Class, Aurangabad. Hence the order:- 3. Judgment and order dated 29.3.2010, acquitting the accused in R.C.C. No.1630/2006, by learned 8th Judicial Magistrate, First Class, Aurangabad is set aside and the case is remanded back for trial in accordance with law. 4. Parties shall appear before the learned 8th Judicial Magistrate, First Class, Aurangabad on 3rd October 2011. The complainant shall keep his witnesses namely himself and his father Vishwanath present on the date of appearance before the trial Court and the accused shall keep himself ready for cross- examination of the said witnesses. For procuring the presence of other witnesses, the complainant shall move requisite application for summons before the trial Court on the date of appearance and shall take steps as are required for procuring their presence. Appeal stands disposed of accordingly. ( U.D. SALVI, J. )