1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2071 OF 2009 Angel Capital and Debt Market Ltd. Applicant. vs. Mr Nilesh H. Desai and Ors ..Respondents. Mr Neville Debo i/b Zohra J. Shaikh for the Applicant. Mr A.S. Shitole A.P.P.for the State. CORAM: A.R.JOSHI,J. DATE : 17TH JUNE,2009. P.C.:- 1. Learned Advocate Neville Debo is present for the applicant. Reportedly, respondent no.1 – original accused is served and is represented by Shri B. M. Ganu, Advocate. However, today none appears for respondent no.1. Heard learned Advocate for the Applicant. 2. It is the application for leave to prefer appeal against the order of acquittal passed in view of provisions 2 of section 256 of the Code of Criminal Procedure for absence of the complainant on 23.1.2009. Matter was fixed for hearing before the M.M. Court No. 10 Mumbai. Perused the roznama copy attached to the application. It appears that on 27th November, 2008 the applicant-complainant was absent and then the matter was fixed for dismissal on 23.1.2009 by the M.M. Court. On such adjourned date i.e. 23.1.2009 the complainant and his advocate were absent. Hence, the matter came to be dismissed and accused respondent no.1 stood acquitted for the offence punishable under Section 138 of the N.I. Act. It is a matter of bouncing of cheque for the amount of Rs. 2 lacs. In the opinion of this Court, present leave petition and also the appeal is required to be allowed as the matter can be sent back to the concerned M.M. Court for disposal according to law after hearing both parties on merits. 3. In the result, leave petition is allowed. Appeal is admitted and same is allowed with directions to the learned Metropolitan Magistrate, Court No.10, to deal with the matter and dispose of within a period of six months on receipt of the writ of this Court. With these directions the leave petition and appeal are disposed of. A.R.JOSHI,J. 3