APPLN.2436-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2436 OF 2010 Iqbal H. Dhanani ...Applicant Vs. Yogen N. Joshi & Anr. ...Respondents *** Mr. S. V. Marwadi i/b Vinayak V. Katti, for the Applicant. Mrs. V. R. Bhosle, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : DECEMBER 15, 2010 P.C. 1. Heard the learned counsel for the applicant. This application is filed for setting aside the order dated 18th March, 2010 passed by the learned J.M.F.C. Palghar . By the said order, the learned Magistrate was pleased to dismiss the complaint under S. 256(1) of the Cr. P.C. filed under S. 138 of the Negotiable Instruments Act. 2. I have perused the roznama. The roznama indicates that the complainant remained absent continuously and though the plea of the accused was recorded on 26-12-2005, the complainant did not file APPLN.2436-10 - 2 - affidavit in lieu of evidence. The learned Magistrate, therefore, in my view, is justified in exercising discretion, vested in him under S. 256(1) Cr.P.C. No case is therefore, made out for interference with the impugned order. The criminal application is, therefore, dismissed. [ V. M. KANADE J.]