..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3402 OF 2008 Mr.William S. Pinckney and 2 Ors. ..Applicants. Vs. The State of Maharashtra and Anr. ..Respondents. ... Mr.P.D.Desai, Adv. for the applicants. Mr.Y.M.Nakhwa, APP, for the State. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : 20th October, 2008 DATE : 20th October, 2008 DATE : 20th October, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the applicant-orig.accused and the learned A.P.P. for both the respondents. 2. The applicants are facing prosecution in C.C. No.12860/SS/2006 which is pending before the learned Metropolitan Magistrate, 39th Court, Vile Parle, Mumbai. In the said case, process came to be issued against the petitioners under Sections 20(1), 20(4), 20(5), 20(A) punishable u/sec. 52 & 58 of Bombay Shops and Establishment Act. Being aggrieved thereby, the petitioners preferred revision before the Court of Sessions for Greater Bombay. The said revision was numbered as Criminal ..(2).. Revision Application No.556 of 2007. The said revision came up for hearing before the learned Sessions Judge on 16.1.2008 and the learned Sessions Judge dismissed the said revision. On the said date, the Shop Inspector as well as the applicants were absent. The learned Sessions Judge disposed of the said revision on merit. The grievance of the applicants is that they were not heard when the revision came to be dismissed. Hence, the present application. 3. Looking to the fact that the applicants were not heard when the revision came to be dismissed, in my view, in the interest of justice the order dated 16.1.2008 ought to be set-aside and an opportunity ought to be granted to the applicants to make their submissions before the learned Sessions Judge. Hence, the order dated 16.1.2008 is set-aside. Revision is restored to file. The learned Sessions Judge shall hear the said matter afresh and dispose it of on merit. 4. Criminal Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.] ..(3)..