1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.424/2011. (Mahalaxmi Stone Crusher Vs. Madhav Structural Engineering Ltd. and ors.) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Murty, Advocate for Appellant. .......... CORAM: M.N. GILANI, J. DATE: 08.08.2011. The appellant is an original complainant in Summary Criminal Complaint No.1703/2003, which was pending before the Judicial Magistrate, First Class, Amravati. The complaint was filed on 12.05.2003 and after putting appearance, the accused person remained absent and for that reason to secure their attendance, the appellant applied for issuance of bailable warrant. On 25.10.2007, the application for issuance of non- bailable warrant was granted. The complainant paid the process fees. Thereafter the matter was placed for further steps. In fact, after paying process fee, the Court issued bailable warrant. Nothing is mentioned about return of the warrant etc. In that light of the matter, there appears substance in the submission of the learned counsel for the appellant that the learned Magistrate 2 ought not to have passed the order of dismissal of the complaint. Leave to appeal is granted. Admit. Action under Section 390 of the Criminal Procedure Code. Bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent be issued. Returnable after eight weeks. JUDGE NSN