1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 435 OF 2011 IN CRIMINAL APPEAL NO. 172 OF 2011 ( Satyanarayan Rameshwar Agrawal Vs. Ramesh Vishwannathappa Deokar & Ano.) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri V. K. Paliwal Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JULY, 2011. . This is an application under Section 378(3) of Criminal Procedure Code seeking leave to file an appeal against the order dated 10.01.2011, passed by Judicial Magistrate First Class, Risod, district Washim in Summary Criminal Case No. 833 of 2007, whereby learned Magistrate dismissed the complaint for want of prosecution. It is the contention of the learned counsel for the appellant that the case was transferred to morning Court and on the day when it was fixed before morning Court i.e. on 10.01.2011, he was indisposed and could not remain present in the Court. 2 The fact remains that the complaint has been merely dismissed in default. The counsel who was supposed to represent the complainant was indisposed. I, therefore, find some substance in the submission and hence leave as prayed for is granted. APPEAL: Admit. Action under Section 390 Criminal Procedure Code. Bailable warrant in the sum of Rs. 5000/- be issued against respondent no.1 returnable after eight weeks. Learned APP accepts the notice on behalf of the respondent/State. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.