1 Cri.Appln.No.5087/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5087 OF 2010 Shri Dhananjay Vikram More ... APPLICANT VERSUS Shri Arvind Waman Suryawanshi ... RESPONDENT ..... Shri Shrikant Patil, Advocate for the applicant Shri A.A. Jagatkar, Advocate for the respondent ..... CORAM : U.D. SALVI, J. DATED : 30th August, 2011. PER COURT : 1. Heard. Perused the application and the copies of the roznama and annexed thereto. Leave to file appeal is granted. Appeal is admitted. Taken up for final hearing. 2. Dismissal of the Complaint S.T.C. No.1112/2007 by the learned Judicial Magistrate, First Class (Court No.9), Dhule on 20.7.2010 occasioned as a result of the complainant and his Advocate’s absence on 10.6.2010, 28.6.2010 and 20.7.2010. Learned trial Court observed that the complainant is not interested in proceeding with the case, and proceeded to pass the order of dismissal of the complaint. 2 Cri.Appln.No.5087/2010 3. Perusal of the copies of roznama reveals that since the lodging of the private complaint, the accused remained elusive and made his appearance before the learned trial Court on 7.6.2010 when non-bailable warrant came to be issued. It is revealed that, the case was taken on board at the instance of the accused on 7.6.2010 when the case was already adjourned to 10.6.2010. According to the complainant, he was indisposed and, therefore, could not present himself before the Court on 10.6.2010, 28.6.2010 and 20.7.2010. This fact has gone uncontroverted. On earlier occasions it is revealed that the complainant had remained present before the trial Court. It was rather hasty, therefore, to reach a conclusion that the complainant was not interested in proceeding with the case. 4. Order of dismissal dated 20.7.2010 is, therefore, set aside and the Criminal Case S.T.C. No.1112/2007 is restored. Parties to appear before the Judicial Magistrate, First Class (Court No.9), Dhule on 19th September 2011. Applicant shall tender his evidence and remain ready for the purposes of cross-examination on the date of his appearance. Appeal disposed off accordingly. ( U.D. SALVI, J. ) fmp/cri4263.10