1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3108 OF 2009 IN CRIMINAL APPLICATION NO.225 OF 2009 IN CRIMINAL APPEAL STAMP NO.43 OF 2009 Manik Mahadeo Udage ... APPLICANT VERSUS Vyankatrao Baswantrao Patil & anr. ... RESPONDENTS ----- Shri Vivek Bhavthankar, Advocate for the applicant Shri K.B. Choudhari, A.P.P. for the respondent No.2/State ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 5th October, 2009. PER COURT : 1. Perused. Heard learned counsel for the parties. 2. It is the contention of the applicant that he has filed criminal appeal in this Court challenging the judgment and order dated 29.11.2008, rendered by learned Judicial Magistrate, First 2 Class, Ambajogai in Summary Criminal Case No.499/2005, acquitting the accused (respondent No.1 therein) for dishonour of cheque. It is the contention of the applicant that accordingly this Court issued notice before admission to the respondents. However, the said notice of respondent No.1 returned back as his address was changed. Hence, this Court issued directions on 28.8.2009 directing the applicant to take steps for due service of respondent No.1 and further directed that if the steps are not taken within two weeks, the application and appeal would be deemed as dismissed without reference to the Court. 3. The applicant submits that, in pursuance of the said directions, the applicant searched the new address of respondent No.1 and has stated the fresh address of respondent No.1 in the title of the present application and requested that fresh notice be issued to respondent No.1 on the said new address. 4. Considering the directions of this Court and also considering the contents of the present application, since the applicant has given the changed address of respondent No.1, notice is required to be issued to respondent No.1 on the said 3 fresh/changed address and hence, present application is allowed in terms of prayer clauses (A) and (B) thereof and fresh notice be issued upon respondent No.1 in Criminal Application No.225/2009 on the changed address which is given in the title of the present application, returnable within six weeks. [ SHRIHARI P. DAVARE, J.] fmp/cri913.09