ssm 1 5.wp.272.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 272 OF 2009 Amit Anant Limkar ....Petitioner Versus Swati Prashant Bhagwat and another ....Respondents ____________ Shri. Abhaykumar Apte for the Petitioner. Shri. Amol A. Deshpande for the Respondent No. 1. Shri. V. B. Konde Deshmukh, APP for the Respondent No. 2. CORAM: J. H. BHATIA, J. DATED : 11 TH APRIL, 2011. P.C.: The Petitioner had filed Summary Criminal Case No. 20 of 2004 under Section 138 of the Negotiable Instruments Act, 1888 against the Respondent No.1. The Respondent No. 1 filed a counter case bearing R.C.C.No. 357 of 2003 under Sections 379 and 409 of the Indian Penal Code in respect of the same cheque against the Petitioner. The Accused-Respondent filed an application that the Summary Case No. 20 of 2004 be taken up and tried with R.C.C. No. 357 of 2003 together. The learned J.M.F.C., ssm 2 5.wp.272.09 Pune passed an order dated 8th December, 2006 to the effect that the judgment in Summary Suit No. 20 of 2004 shall be reserved till final hearing of R.C.C.No. 357 of 2003. Revision Application filed by the Petitioner against that order was rejected. 2. The present Petitioner submits that evidence in the Summary Case No. 20 of 2004 was completed long back and the judgment has not been delivered. There is no progress in the counter case R.C.C.No. 357 of 2003. The report dated 5 th April, 2011 from 19 th Jt. CJJD & JMFC, Pune shows that the case No. 357 of 2003 was lying unattended for the last 4-5 years and the notices were issued to the Complainant in 2009 and February, 2011. Notices have not been returned after service. It indicates that the Respondent, who is Complainant in the counter case No. 357 of 2003, was interested only in prolonging that case so that the judgment could not be delivered in Summary Case No. 20 of 2004. Any how, taking into consideration the facts and circumstances, in my opinion, following order would meet the ends of justice: ssm 3 5.wp.272.09 The Respondent No. 1 i.e. the Complainant in the Case No. 357 of 2003 shall appear before the concerned J.M.F.C. on 25 th April, 2011 and the learned Magistrate shall complete the recording of evidence before issuance of process within 15 days thereafter. If the Magistrate decides to issue the process, the trial of that case shall also be completed within three months thereafter. In case, the Magistrate decides not to issue process, he shall proceed to deliver the judgment in Summary Case No.20 of 2004. The learned Counsel for the Petitioner, who is accused in the Case No. 357 of 2003 makes a statement that he shall keep watch over the proceedings of the case and if need be, he shall appear without any loss of time. The Petition is disposed off accordingly. (J. H. BHATIA, J.)