1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4953 OF 2004 M/s.J.K.Industries Ltd. .. Applicants V/s. Sudhir G.Kagale & Ors. .. Respondents Mr.S.K.Khandeparkar i/b.B.Amin & Co.for the Applicants. Mr.A.S.Shitole, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 29th, 2009. P.C. Heard learned Advocate Mr.Khandeparkar for the appellant/applicant. 2. It is the leave petition to prefer an appeal against the acquittal of Respondent Nos.1 and 2 in the matter of offence punishable under section 138 of Negotiable Instruments Act. The dishonour cheque is for Rs.8 lakhs and odd. 3. On perusal of the record and the documents annexed to the 2 application, it appears that on 4th March, 2002 J.M.F.C.,Kolhapur dismissed the complaint for want of steps as against both the accused. Even, prior to that date on few occasions complainant and his advocate were absent. In the present leave petition steps were taken to serve Respondent Nos.1 and 2 by hamdast and also by R.P.A.D., but in vain. As such lastly publication was done in the local newspaper “Prabhat” from pune and “Nav­Sandesh” from Nashik respectively on 23rd March, 2009 and 24th March, 2009. Affidavit of service is filed. None present for the Respondent Nos.1 and 2. 4. Considering the dismissal of original complaint, under the provisions of section 256 of Criminal Procedure Code, in the opinion of this Court, an opportunity is required to be given to the applicant to get the grievance redressed on merits. It is decided to pass orders on the leave petition and also on the appeal itself by sending the matter back to the concerned J.M.F.C., Kolhapur, considering the requirements of the speedy trial for the offence punishable under section 138 of Negotiable Instruments Act. Hence, the order : :: O R D E R :: i. Leave petition is allowed. ii. Appeal is admitted and also allowed with directions that matter be sent to concerned J.M.F.C., Kolhapur for disposal of the complaint according to law 3 after securing presence of rival parties by issuing notice. iii. Learned J.M.F.C., Kolhapur to make endeavor to disposed of the matter within six months from the receipt of the papers. iv. With these directions the leave petition and appeal are disposed of. (A.R. JOSHI, J.)