FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3242 OF 2011 ,In APEAL/748/2006 RAMDAS GANPAT FAND VERSUS TULSHIRAM SHRIRAM MATE ... Advocate for Petitioner(s) : Mr. Gawali Amol K. Mr. Amol Gandhi advocate for respondent. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 09, 2011 ... 1. Heard learned counsel for the parties. 2. Issue notice to the respondent. Learned counsel Mr. Gandhi accepts notice for respondent. 3. This is an application preferred by the applicant-original complainant, requesting that Criminal Appeal No.748/2006 be taken up for hearing, out of turn and be heard expeditiously. The applicant contends that, he is of 65 years old and he is not keeping good health since he is suffering for diabetes and expects that aforesaid criminal appeal be decided during his lifetime. He also submitted that this appeal is pending since last five years and it pertains to section 138 of Negotiable Instruments FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Act. 4. Heard Mr. Gandhi learned counsel for the respondent. He submitted to the orders of the Court. 5. Considering the contents of the application, since the applicant is suffering from diabetes and and since he is not keeping good health, criminal Appeal No.748/2006 is required to be taken up for hearing out of turn. Hence, present application deserves to be allowed. 5. In the result, present application is allowed in terms of prayer clause [B] thereof and Criminal Appeal No.748/2006 be fixed for FINAL hearing on 10th October, 2011. 6. Applicant to furnish private paper book till 1st of October, 2011. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) AAA/- ***