1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Cri. Application No. 1243/2010 WITH Cri. Writ Petition No. 208/2010 Dhansampda Gramin Bigger Sheti Saha. Pat Sanstha Versus Balasaheb s/o Maruti Kinkar ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. A.S. Zarekar, Advocate for applicant CORAM : A.V. NIRGUDE, J. Date : 5th May, 2010 PER COURT : 1 Heard. 2 The petitioner’s criminal case under section 138 of Negotiable Instruments Act was dismissed because on two consecutive dates, the petitioner and his advocate remained absent. The Court could not proceed with the case. The case was fixed for cross examination of the petitioner’s witness whose examination in chief was already over. The petitioner is trying to blame his advocate for remaining absent at 2 the relevant time. I am not convinced of the reasons why the petitioner and his advocate remained absent on the relevant dates. However, in order to give an opportunity to prosecute the case of merits, I am inclined to condone the lapse of the petitioner and give them an opportunity to proceed with the case. This indulgence shall however costs Rs.5000/-, to the petitioner. On petitioner’s depositing Rs.5,000/- in the trial Court on or before 17/05/2010, the impugned order dismissing the complaint stands set aside and the criminal case shall stands revived. In case, the amount is not deposited as directed above, the appeal shall stand dismissed. The parties shall remain present in the trial Court on 17th May, 2010. Criminal application is allowed. The cost if paid, shall be handed over to the respondent/accused. [A.V. NIRGUDE, J.] tsk/