IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2734 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 WITH CRIMINAL APPLICATION NO.2735 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 WITH CRIMINAL APPLICATION NO.2736 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 WITH CRIMINAL APPLICATION NO.2737 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Anandrao Chandrajit Patil .. Applicant V/s. Ajit Madhavrao Ravetkar & Anr. .. Respondents Ms.Rutuja Ambekar for the Applicant. Mr.Ganesh Gole for Respondent No.1. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 21st , 2009. 1 P.C. Heard rival submissions for some time. 2. These applications are for leave to appeal against the acquittal of the original accused present Respondent in the matters of 138 of Negotiable Instruments Act proceeding. The original complaint was dismissed as per the provisions of section 256 of Criminal Procedure Code on 1st March, 2006. Reportedly, during the pendency of the said proceeding, there was talk of negotiations for the payment of all total five dishonored cheques of Rs.3,50,000/- and odd. The matter was also taken for meditation by the consent of both the parties, and in fact two separate cheques were given to original complainant present applicant towards satisfaction of entire dues believing giving of such cheques, applicant thought that his criminal complainant was over and did not pursue the matter, so also, his Advocate did not pursue the pending criminal case. Reportedly, said cheques which were given in view of the understanding arrived at in the mediation, were dishonored when put in the account by the applicant. 3. Considering the above prima facie situation, in the opinion of this court, here these are the matters in which the leave to appeal is required to be granted and in fact at this stage, after admitting the appeals, it is required to be remanded back to the concerned 2 J.M.F.C. for trial, according to law. This order is passed considering that the earlier order of dismissal of the four cases as per the provisions of section 256 of Criminal Procedure Code, and in the opinion of this Court an opportunity is required to be given to the present applicant to fight out the cases on merits. This is more so, in the consonance that the object of such special enactment of trials under section 138 of Negotiable Instruments Act, for speedy disposal. In view of the above, directions are also given to the Trial Magistrate to dispose of the pending criminal cases preferably within nine months from the receipt of the record and proceedings. 4. With these directions, all the leave applications are accordingly disposed of, so also the Appeals are accordingly disposed of. (A.R. JOSHI, J.) 3