1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1689 OF 2009 Mr.Rajendra Sonawane and Anr. .. Petitioners Vs. Mr.R.G.Karnik and Anr. .. Respondents Mr.Milind S. Sawant for the petitioners None for respondent no.1 Ms.A.A.Mane, A.P.P. for respondent no.2 CORAM : J.H. Bhatia, J. DATE : August 5, 2010 P.C. : 1. Notice was served on the respondent no.1 / complainant. None appears. Complainant had filed a complaint under section 499 and 500 read with section 34 of the Indian Penal Code and it was registered as Criminal Case No.1087/SS/2005 and is pending before the Additional Chief Metropolitan Magistrate, 8th Esplanade Court, Mumbai. 2. The present petitioners, who are accused nos.3 and 4, moved an application on 10.9.07 before the Trial Court to grant exemption from personal 2 attendance on the ground that they are located at Nasik and are the directors of several companies and that it will be inconvenient to attend the court on every date. 3. The application was opposed and it came to be rejected on the ground that the complainant is a senior citizen and he has a right to get the matter decided expeditiously. That order was passed on 3.8.08. The learned counsel for the petitioners makes a statement that after the said order, the applicants are regularly attending the court but the trial of the case has not even commenced so far. He also states that accused no.1 has filed an application challenging Jurisdiction of the Metropolitan Magistrate, Mumbai and that the application is also not decided so far. 4. In view of these facts and circumstances, no prejudice would be caused to the complainant if the exemption from personal attendance is granted till the commencement of the trial. Therefore, following directions will meet the ends of Justice: The petitioners / accused nos.3 and 4 are granted exemption from personal attendance in the Criminal Case No.1087/SS/05 till the commencement of the trial. However, as soon as the date for actual commencement of the trial is fixed this benefit will not be available to them and they will be required to attend the court. 3 5. Petition stands disposed of accordingly. ( J.H. Bhatia, J )