1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2815 OF 2009 Santosh Shetty. ... Petitioner. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. M.V. Khatavkar & Chetan Patil for the Petitioner. Ms. S.V. Gajare, APP for the State. Mr. N.G. Bane for Respondent No.2. CORAM : S.C. DHARMADHIKARI,J. DATED : 02nd FEBRUARY 2010. P.C. :- The Petitioner is the Original Appellant in Appeal No.645 of 2007. That was an appeal challenging the order of the Trial Court convicting and sentencing the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. The Criminal Appeal was admitted and the Applicant was released on Bail. It is stated that he had complied with the conditions imposed and deposited a sum of Rs.1,00,000/- in the Trial Court on 12th December 2007, as is evident by the receipt, copy of which is produced for my perusal. 3. However, the Appellant and his Advocate were absent and therefore, the Appeal has been dismissed in default. Whereupon, the Petitioner came to be arrested and taken in custody. 2 4. This matter was on my Board on 25th January 2010 and finding that the Petitioner was absent, it was dismissed in default. 5. Thereafter, it was restored on 28th January 2010 and an order came to be made releasing the Petitioner on bail, which was operative till today. This was to enable him to attend his ailing father, who is admitted in a Hospital at Kandivli, Mumbai. 6. The matter was placed for admission today. Both the Petitioner and the Second Respondent are present through their respective Advocate. They are heard. With their assistance, the orders under challenge are perused. 7. In the facts peculiar of this case and when the Petitioner – Original Appellant undertakes to this Court to remain present before the Lower Appellate Court on the date and time fixed by this Court, the order under challenge is set aside and Criminal Appeal No.645 of 2007 is restored to the file of the Sessions Court at Mumbai. The Petitioner/Appellant to remain present before the Lower Appellate Court on 15th February 2010 and the Lower Appellate Court to then consider the request of the Appellant to further enlarge him on bail so also proceed to hear the matter/appeal and decide it on merits and in accordance with law. In default of the Petitioner/Appellant or his Advocate, the order dismissing the Appeal shall stand confirmed and even this Writ Petition would be dismissed 3 without any further reference to Court. 8. To enable the Petitioner/Appellant to appear before the Lower Appellate Court, the order releasing him from custody dated 28th January 2010 shall remain operative till 16th February 2010. (S.C. DHARMADHIKARI,J.)