cran1531.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1531 OF 2011 IN CRIMINAL APPEAL NO. 98 OF 2006 Ganesh s/o Laxmanrao Kulkarni ...Applicant Versus Yamaji s/o Pathaji Pandhare and another ...Respondents ..... Mr. Ashok B. Tele, advocate for the applicant Mr.N.R. Shaikh, A.P.P. for respondent No.2 ..... CORAM: A.V. POTDAR, J. DATED: 20TH APRIL, 2011 PER COURT:- 1 Heard. 2 Notice. Learned A.P.P. accepts notice for respondent No.2. Considering the contingency in the application, notice to respondent No.1 stands dispensed with. 3 By the present application, the applicant, who is original complainant in S.T.C. No. 586 of 1997 in which respondent No.1 came to be convicted and has preferred criminal appeal No. 98 of 2006 cran1531.11 -2- (which is in fact criminal appeal No. 98 of 2006). The said appeal is admitted and is pending before this Court for final disposal. In the said appeal record and proceedings are called from the trial court. The applicant, who is original complainant in the said complaint has filed Civil Suit for recovery of the amount of cheque bounced. The original documents are lying in this Court as those documents found part and parcel of the record and proceeding. It is stated across the bar that on 21.12.2010, an application was moved by the applicant before learned C.J.J.D. Ambad in R.C.S. No. 188 of 1999 requesting to call for record and proceeding in criminal appeal No. 98 of 2006. On the said application an order came to be passed on the same day by the learned trial judge stating that evidence is led by the concerned relating to the cheque, bank memo etc. when the documents are not before the Court. It is further observed by the trial court while rejecting the application that in view of evidence led by the concerned, now there is no need to call for record and proceedings i.e. relevant documents. It appears that the learned CJ.J.D. failed to understand that unless original documents are referred to and are exhibited they cannot be read in the evidence and thus, the order appears to be erroneous. 4 In view of this, the order dated 21.12.2010 passed by learned C.J.J.D. is hereby quashed and set aside and the prayer made in this cran1531.11 -3- application requesting the Registry of this Court to send record and proceedings to the learned C.J.J.D. Ambad is allowed. The registry, while sending the record and proceeding, to inform the court concerned to dispose of the trial as early as possible and send back record and proceedings to this court in second week of June, 2011. 5 Copy of this order is expedited. 6 Criminal application is disposed of. No costs. ( A.V. POTDAR. J.) rlj/