{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.176 OF 2009 Shivraj s/o Nagappa Ghongade Age-65 years, Occ-Retired R/o Mukhed, Dist- Nanded APPLICANT VERSUS Bandappa s/o Hanmantappa Gandigude Age-46 years, Occ-Business R/o Mukramabad, Tq-Mukhed Dist-Nanded RESPONDENT ....... Mr.N.N.Chitlange, Advocate for the applicant Mr.U.B.Bilolikar, Advocate for the respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 12th November 2009 PER COURT: 1. By the present revision, the applicant has challenged the order of dismissal of criminal appeal No.07/2006 by the Additional Sessions Judge, Kandhar, Dist-Nanded. 2. Heard learned counsel for the parties. 3. It appears that the appeal filed by the applicant before {2} the Additional Sessions Judge came to be dismissed for non prosecution on 24.04.2009, as neither the applicant nor his advocate was present. The parties agree that the matter, without touching the merits and by saddling a penalty, can be remanded to the appellate court with a direction to the appellate court to decide the appeal within a stipulated period. 4. In the premise, without touching the merits of the matter, the revision application No.176/2009 is hereby allowed by setting aside the order of dismissal passed in criminal appeal No. 07/2006 by the learned Additional Sessions Judge, Kandhar, on payment of penalty, which is quantified in the sum of Rs.1500/- by the applicant to the respondent on or before 09.12.2009. The parties are hereby directed to appear before the learned Additional Sessions Judge, Kandhar, Dist-Nanded on 9th December 2009 with a further direction to the learned Additional Sessions Judge, Kandhar to decide the appeal, after appearance of the parties, within one month thereafter. It is also directed that no liberal adjournments be granted to the either party. Revision stands disposed of accordingly. [A.V.POTDAR, J.] drp/crirev176-09