1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3651 OF 2008 Swati Jatin Vora .. Applicant Vs The State of Maharashtra & Anr .. Respondents Mr. Milan Desai for the Applicant I.P. Adsule, APP for the State CORAM : A.R. JOSHI, J DATE : 05th May, 2009 P.C.: 1. Heard the rival parties for sometime. 2. It is an application for leave to file an Appeal against the order passed by Additional Session Judge, Greater Bombay dated 28th April, 2008. By the said order, earlier judgment of conviction of present Respondent No. 2 - original accused passed by 21st Metropolitan Magistrate Court, Bombay in CC 535/SS of 2005 was set aside. Earlier, in the matter of offence under Section138 of the Negotiable Instruments Act, Respondent No. 2 was convicted by judgment and order of Metropolitan Magistrate Court. 3. Earlier, directions were given by this Court to call for record and proceedings in order to ascertain the truthfulness or veracity of the main grievance made by the present applicant that he was not served with the Rma APPLN365108050509.sxw 2 notice of appeal preferred by the accused before the Additional Session Judge. Even the affidavit is filed by the applicant mentioning that she had not engaged any advocate by name Prashant Pande whose name appeared in a roznama on the Session Court dated 19th March, 2008. After perusal of record and proceedings of the appeal before the Additional Session Judge, Greater Bombay, it is a factual position that at no point of time, there was vakalatnama filed by the said advocate Pande representing the original complainant. Moreover, there was nothing on record that the original complainant was served with the appeal preferred by the convicted accused. Considering the said factual position, in the opinion of this Court, in the present matter, a leave can be granted and even the Appeal can be disposed of after it is admitted today itself. The present appeal can be disposed of by giving suitable instructions to the Session Court, Bombay to deal with Appeal No. 679 of 2005, after giving opportunity to rival parties of arguments and putting for their case. Hence, the present leave petition and Appeal are disposed of with following order: O R D E R Leave granted. Appeal is admitted and also disposed of with directions that the matter be sent back to the Session Court, Bombay for disposal of the restored Criminal Appeal No. 679 of 2005 according to law after giving Rma APPLN365108050509.sxw 3 opportunity to the rival parties. Session Court to issue notices to rival parties after receipt of record and proceedings. (A.R. JOSHI, J) Rma APPLN365108050509.sxw