1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.703 OF 2009 Astee LifeSciences Ltd. : Petitioner V/s. State of Maharashtra & Ors. : Respondents ... Mr.Subhash Jha i/b. M/s.Law Global for the petitioner. Mr.S.N. Gawade, Addl. Public Prosecutor for the State. Mr.Raju B. Dole i/b. Mr.Ram Singhani for respondent nos.2 & 4. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 24, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. The main grievance made by the learned counsel for the petitioner is that the impugned order dated 31.1.2009 granting `B’ summary has been passed without hearing the petitioner. According to the learned counsel for the petitioner, the petitioner’s Advocate was in the adjoining Court when this matter came to be decided. Be that as it may, 2 there appears to be no dispute that the complainant was not heard. Having regard to the fact that the rights of the petitioner are undoubtedly affected adversely, I am of view that the impugned order is liable to be set aside and is, accordingly, set aside. The matter is remanded back to the trial Court for a fresh decision, in accordance with law. Order accordingly. 3. Rule made absolute in the above terms. S.A. BOBDE, J.