IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 220 OF 2010 IN STAMP NUMBER MAIN NO. 2462 OF 2010 THE MARCEL URBAN CO-OP CREDIT SOCIETY LTD.,REP. BY SHRI MAHENDRA M. MADKAIKAR ... Applicant Versus MR. VISHWAJEET RAMRAI TARI AND ANR., ... Respondents Mr. Pravin U. Naik, Advocate for the Applicant. Mr. C.A. Ferreira, Public Prosecutor for Respondent No.2. Coram:- N. A. BRITTO, J. Date:- 13th December, 2010 P.C.: Heard. 2. The complainant has filed this application for leave to appeal on account of a dismissal of complaint on 30/07/2010. The respondent/accused have chosen to remain absent. 3. According to the learned Counsel appearing on behlaf of the complainant, on 5/07/2010 it was an 'all India bandh day' and therefore he had requested advocate Ms. Smita Naik to hold for him, before the Court. The said advocate Ms. Smita Naik appeared on his behalf and informed him of the next date i.e. 13/08/2010. However, the case was taken up instead of 13/08/2010 on 13/07/2010 and again on 30/07/2010 when the complaint came to be dismissed. An affidavit of advocate Ms.Smita Naik has been filed and so also advocate appearing on behalf of the complainant. 4. Accepting the statements made therein, the application is granted and the appeal is allowed. Consequently, the order of dismissal of the complaint and acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 is hereby set aside and the complaint is restored to file. N. A. BRITTO, J. NH