..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.754 OF 2008 Shri.Harish Shriyan and Ors. ..Petitioners. Versus The State of Maharashtra and Anr. ..Respondents. .... Mr.S.M.Shettigar, Adv. for the petitioners. Mr.Mahesh Jayantilal Vora, respondent No.2 present in-persons. Mrs.A.A.Mane, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 1st October, 2008. DATED : 1st October, 2008. DATED : 1st October, 2008. P.C.: 1. Heard the learned Advocate for the petitioners-orig.accused and respondent No.2-orig.complainant who is present in person. 2. The petitioners are facing prosecution in C.C. No.285/SS/2008 (old C.C. No.346/M/2005). The said case is under Sections 182, 427, r/w. 120B & 34 of IPC. The said case is pending before the learned Additional Chief Metropolitan Magistrate, 34th Court, Borivali, Mumbai. 3. The complaint came to be dismissed by the ..(2).. learned Magistrate by order dated 23rd December, 2005. Being aggrieved thereby, the complainant preferred revision before the Sessions Court i.e.Criminal Revision Application No.403 of 2006. The said revision came to be allowed by order dated 29th November, 2007. Being aggrieved thereby, the petitioners-orig.accused have approached this Court. The case of the petitioners is that the petitioners were not heard before the impugned order was passed and they ought to have been heard. 4. In view of the decision of this Court in the case of Shriram s/o. Nagordhar Mahajan vs. State of Shriram s/o. Nagordhar Mahajan vs. State of Shriram s/o. Nagordhar Mahajan vs. State of Maharashtra & another 2006 ALL MR (Cri.) 1311 Maharashtra & another 2006 ALL MR (Cri.) 1311 Maharashtra & another 2006 ALL MR (Cri.) 1311, the petitioners ought to have been heard by the Sessions Court. Hence, the order dated 29th November, 2007 passed by the learned Sessions Judge is set-aside. Criminal Revision Application No.403 of 2006 is restored to file. The learned Sessions Judge shall hear the complainant as well as original accused in the said matter and thereafter dispose of the revision on merits. 5. Criminal Writ Petition is disposed of with above directions. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)