1 Cr. Appln. no. 3134.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3134 OF 2009 Chandraprabhu Digambar Jain Mandir ... Applicant V E R S U S Dhule Shahar Kirana Bhusar Vyapari Nagari Sahakari Pat Sanstha Ltd. ... Respondent ... Mr. P.F. Patni, Advocate for Applicant. Mr. N.N. Desale, Advocate for respondent no.1. Mr. A.S. Sawant, Advocate for respondent no.3 ... CORAM : P.R. BORKAR, J. DATED : 11TH DECEMBER, 2009 PER COURT 1] This is an application for leave to file Appeal. Impugned order passed on 17.2.2009 below exhibit 10 in S.T.C. no. 4160 of 2006 by the 6th Joint Judicial Magistrate First Class, Dhule indicate that the complaint was dismissed mainly for default in leading evidence by both the sides. Applicant no.3 who filed application for adjournment and complainant had given no objection at exhibit 48 and therefore, the Court felt that the parties are only prolonging the hearing and it dismissed the complaint. 2] The application is allowed as it is necessary to consider whether dismissal is proper 2 Cr. Appln. no. 3134.2009 and necessary was in the facts and circumstances of the case. Hence, the application is allowed. Leave granted. Sd/- (P.R. BORKAR, J.) arp