1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.219 of 2006 Vithal Ramchandra Kale .. Petitioner. Vs. Hriday Narayan Rai & Anr. .. Respondents. Mr.Samir A.Vaidya for the petitioner. Mr.R.Y.Mirza A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 2ND AUGUST, 2006 DATED : 2ND AUGUST, 2006 DATED : 2ND AUGUST, 2006 P.C.: . Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Mr.Vaidya, learned counsel for the petitioner submits that if the notice is issued there are chances of settlement. Issue notice to respondent no.1, returnable in four weeks. In addition to the Court notice, the petitioner shall serve respondent no.1 by the advocate’s notice either personally or through R.P.A.D./speed post/courier/e-mail/fax and file affidavit of service within four weeks from today, failing which, this petition shall stand dismissed for non prosecution without further reference to the Court, even if the court notice remains unserved. 3. Pendency of this petition shall not operate as stay as to further proceedings in the trial Court. 2 2 2 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)