1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1442 OF 2011 IN CRIMINAL APPLICATION NO.75 OF 2011 IN CRIMINAL APPEAL NO.1328 OF 2011 Mr. Makarand A. Dandekar ..Applicant. v/s. Ashok B. Shah & Anr. ..Respondents. Mr. S.A.Dedanwala i/by Ms Jacqueline Parikh, advs. for the Applicant. Mr. Sandeep Kumbhar a/w Sunil Karoth i/by M/s H.H.Nagi & Associates, advs. For the R.No.1. Ms P.P.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 23rd December, 2011 PC : 1 Heard the learned counsel for the parties. 2 The applicant, who is original accused and the respondent no.1 in Criminal Application No.75 of 2011 and the Criminal Appeal No.1328 of 2011 seeks to recall the order dated 2nd September, 2011 whereby leave to prefer appeal was granted and the appeal was also allowed and the matter was remanded back to the trial court. According to the learned counsel for the applicant, there was confusion about the Court before whom the matter was and, therefore, none was present for the respondent no.1 before this 2 Court on 2nd September, 2011. 3 After some discussion at the bar, with consent of the learned counsel, application is partly allowed. While the order granting leave to prefer appeal shall remain intact subject to payment of cost of Rs.2,000/- by the applicant to the respondent/complainant within two weeks, the order allowing the appeal contained in paragraph six of the order dated 2nd September, 2011 is hereby recalled and the appeal be listed for the hearing afresh before the appropriate Court. (J.H.BHATIA, J.)