IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3282 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Napier Builders & Developers .. Applicant V/s. Shaikh Mehboob @ Abyoob Ilali Baksh & Ors. .. Respondents Mr.Vikas Tapkir for the applicant. Mr.Prakash Naik for Respondent No.1. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to file an appeal against the order or acquittal passed by 7th Jt. Civil Judge and J.M.F.C. as per the 1 provisions of section 256 of Criminal Procedure Code. Said order was passed on 3rd May, 2008, whereas earlier order on 28th February, 2008 plea of the accused was recorded in the matter of dishonour of cheque of Rs.12 lakhs and application was made to seek adjournment to file affidavit, on account of non availability of the complainant being at Canada for medical treatment. Said application was rejected by the J.M.F.C., Pune. It is argued on behalf of the Respondent original accused that various adjournments were sought and that no any medical certificate was produced showing the alleged treatment of the complainant. In the opinion of this Court, after framing of the plea in the year 2008, the matter came to be dismissed immediately within three months and which in itself amounts to injustice on the party when there is no opportunity to fight out the matter on merits. Under these circumstances, it is made clear to the rival parties that the present application for leave and also the present criminal appeal are being heard and disposed of, as in the opinion of this Court the present matter is required to be remanded back to the concerned J.M.F.C.,Pune for trial according to law. 3. In view of the above, leave is granted and appeal is admitted and also disposed of with the directions that the matter be remanded back to the concerned J.M.F.C.,Pune who shall try the matter on merits and dispose it of according to law, as far as possible within eight weeks from the receipt of the papers. 2 4. With these directions, the leave application and appeal both stands disposed of. (A.R. JOSHI, J.) 3