1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.339 OF 2009 Mr.Subodh D. Chitalia ..... Applicant (Ori.respondent) vs. Mrs.Sangita Subodh Chitalia & Anr..... Respondents (Ori.applicants) Mr. Saeed Akhtar, Advocate for applicant. Mr. Anil Singh i/by Ashwini Singh,Advocate for respondent no.1. Mr. S.A. Shaikh, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 3rd August 2009. PC : 1. By this application, the applicant challenges the order of interim maintenance under Section 125 Code of Criminal Procedure. By the said order the applicant has been directed to pay maintenance to the respondent no.1 and the daughter each @Rs.5000/- per month. It is contended by the applicant that when the impugned order dated 12th December 2007 was passed, he was neither present in the Court nor was he heard by the learned Magistrate. However the order has been written as if the applicant was before the Court. There are also several observations in the order which are purely in the nature of the conjecture and abstractions. The record however shows that the applicant had filed the application before the trial Court for 2 alteration of the order which was disposed off by the order dated 15th January 2009. Copy of the order is produced. It shows that the Court while deciding the application has considered all the arguments of the applicant on merit. In that circumstance, there can be no complaint that the interim order is without hearing the applicant. Both the Advocates also inform that the trial in the proceeding has already started. Hence, the revision application is dismissed. The applicant however is granted time till 31st October 2009 to deposit the arrears of maintenance as on that date. The applicant shall continue to pay the future maintenance as and when it falls due. All the contentions of the parties relating to the dispute are kept open for consideration of the trial. (Smt.R.P.SondurBaldota,J.)