-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 2607 OF 2008 APPLICATION NO. 2607 OF 2008 APPLICATION NO. 2607 OF 2008 Hariom Silk Mills Pvt. Ltd. ... Applicant. V/s. Girishkumar Vallabhdas Khira & Anr. ... Respondents. Mr. Jagdish T. Nagar for the Applicant. Mrs. A.A. Mane, A.P.P. for the Respondents. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 011TH AUGUST, 2008. : 011TH AUGUST, 2008. : 011TH AUGUST, 2008. P.C. P.C. P.C. : : : . Heard learned Counsel for the Applicant. 2. He canvassed that it was only on last two days i.e. on 3rd April 2008 and 26.5.2008 the complainant and his counsel remained absent which resulted in dismissing the complaint for the offence punishable under Section 138 of the Negotiable Instruments Act. I have perused the Roznama annexed by the learned Counsel at Exhibit 6, collectively at page 19 onwards, the record indicate that it is not only one occasion that the complainant and his Advocate remain absent but there is persistent absence from both the side which even forced the learned Judge to impose cost of Rs.1,000/- by order dated 6.10.2005. If the file was missing which one of the Roznama indicate it also demonstrate that thereafter the complainant did appear, therefore, it cannot said that the complainant -:2:- was be aware of the matter, that the learned Judge should have issued notice to appear. By the order dated 26.5.2008 adjournment was given with specific instructions that failure of the complainant to appear on the next date, the complaint will be dismissed and the matter was adjourned. However, same aspects were repeated. Consequently, the complaint came to be dismissed by order dated 26.8.2008. The interest of justice cannot be stretched to cause inconvenience to everybody at the sweet will of the complainant. In this situation, no fault can be discovered on the part of the learned Judge in taking such drastic step. 3. Hence, leave to appeal refused. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)