1 (cra 201 of 2006 with cra 201 of 2006) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 201 OF 2006 WITH CRIMINAL REVISION APPLICATION NO. 202 OF 2006 Phoenix (India) and Ors. ...Applicants Vs. M/s.Chunilal Mangilal and Ors. ...Respondents ----- Mr.Ganesh Gole for Applicants Mr.Subhash Jha i/b. Law Global for Respondent No.1 Mr.P.S. Hingorani -APP for the State ----- WITH CRIMINAL WRIT PETITION NO. 808 OF 2006 M/s.Chunilal Mangilal ...Applicant Vs. Phoenix (India) and Ors. ...Respondents ----- Mr.Subhash Jha i/b. Law Global for Applicant Mr. Ganesh Gole for Respondent Nos.1 to 3 Mr.P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE J. DATED: 22ND NOVEMBER, 2010 2 (cra 201 of 2006 with cra 201 of 2006) P.C. 1. Since both the complainants as well as accused are aggrieved by the order passed by the Sessions Court which is challenged in Criminal Revision Application Nos.201 of 2006 and 202 of 2006 and also the Complainant’s Writ Petition No. 808 of 2006, in my view, it would be appropriate if the order passed by the Sessions Court is set aside and the matter is remanded back to the Sessions Court. 2. The Sessions Court shall decide the criminal appeal afresh on merits and in accordance with law. All the contentions raised by the Complainant and the Accused are kept open and the same may be decided by the Sessions Court in accordance with law. The Sessions Court shall decide the criminal appeal expeditiously and, in any case, within a period of six months. 3. Criminal Revision Applications and the Writ petition are, accordingly disposed of in the aforesaid terms. (V.M. KANADE J.) 3 (cra 201 of 2006 with cra 201 of 2006) 4 (cra 201 of 2006 with cra 201 of 2006)