1 Appln 718-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.718 OF 2011 Ashok Yashwant Dhende .Applicant V/s. Sidhartha Tanaji Kudale & anr. .Respondents Mr.H. Deshinge h/f. Mr.Vijay Killedar, Advocate, for the Applicant Mr.Prashant Jadhav, Advocate, for Respondent No.1 Mr.Rajesh More, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 11TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This application for leave to file an Appeal against dismissal of the complaint for complainant's absence is being disposed of by this order and the appeal is also taken up for final hearing by consent. The applicant - complainant had filed a complaint for the offence punishable under Section 138 of the 2 Appln 718-2011 Negotiable Instruments Act on account of dishonour of cheque of Rs.50,000/-. This complaint was filed on 1st January, 2009. The roznama of the proceedings shows that on four occasions penalty of Rs.200/- was imposed upon the applicant for delay in carrying out amendment to the complaint. Process itself was issued on 21st February, 2010 but accused does not seem to have been appeared before the Court till the complaint was dismissed on 31st May, 2010 for absence of the complainant. 3. The learned Counsel for respondent No. 1 may be right in submitting that cause given by the learned Counsel for the applicant for applicant's absence, namely his suffering from Typhoid fever may be doubtful. Yet, since the accused had not appeared before the trial Court till the complaint was dismissed and since the complaint pertains to dishonour of cheque of Rs.50,000/-, to enable the complainant to have his lis decided on merits, 3 Appln 718-2011 leave granted. Appeal is admitted and taken up for hearing forthwith by consent. 4. Considering the conduct of the applicant as also the fact that respondent No. 1 was made to suffer by contesting the proceeding though he had not appeared before the trial Court, the appeal is allowed. The impugned order is set aside subject to applicant's depositing costs of Rs.2000/- within two weeks with the trial Court which the respondent No.1 would be at liberty to withdraw. If the costs are so deposited, the order shall stand revoked. (R.C.CHAVAN, J.)