((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.99 OF 2007 Apar Industries Limited Applicant versus P.Shrinivasa Rao and another Respondents N.L.Jadhav for applicant. J.P.Yagnik, APP for State. CORAM : A.S.OKA, J. DATE : 04th March 2009 PC : 1. Heard advocate for the applicant. By the impugned order passed in exercise of power under section 256 of the Code of Criminal Procedure, 1973, the complaint filed by the applicant has been dismissed. Considering the entries in the Roznama, a case is made out for grant of leave. Leave to prefer an appeal is granted. 2. Considering the nature of the impugned order, the appeal is required to be decided at the stage of admission. Hence, issue notice of appeal to the first respondent returnable on 13th April 2009. Notice to indicate that an ((-2-)) endeavour will be made to decide the appeal finally at the stage of admission. In addition to service through Court, the advocate for the applicant to serve private notice by Registered Post Acknowledgement Due and/or by courier service and/or by hand delivery and shall file affidavit of service before the returnable date. If affidavit of service is not filed before the returnable date, the application will stand dismissed for non prosecution without further reference to the Court. (A.S.OKA, J.)