Heard learned counsel for the petitioner. None appeared for the respondent on 06/10/2017 as well as on 30/10/2017. Even today none appears for the respondent.

2. By this petition, the petitioner has impugned the judgment and order dated 05/11/2012 passed in Criminal Appeal No. 123 of 2008 by the learned Sessions Judge, Amravati, by which the judgment and order of conviction and sentence passed by the learned Judicial Magistrate First Class, Court No.6, Amravati in Summary Criminal Case No.1412 of 2007, dated 04/09/2008 was quashed and set aside and the matter was remanded back to the trial Court, for fresh trial.

3. Learned counsel for the petitioner submits that there was no justification for the Appellate Court to remit the matter back to the trial Court, for a de novo trial. He submits that the 138 case in substance was tried as a summons case and not as a summary case, and hence the question of a de novo trial did not arise. Learned counsel relied on the following judgments: J.V. Baharuni and another v. State of Gujarat and another reported in 2014(4) Mh.L.J. 192; Sukhdeo Ganeshram Tardeja v. Rajesh Dayaram Sadhwani and another reported in 2016(2) Mh.L.J. 113; Shivaji S