1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITIONS NO. 8 & 9 OF 2009 CRIMINAL WRIT PETITION NO. 8 OF 2009 The Vividha Urban Co-operative Credit Society Ltd. .... Petitioner V/s. Shri Dilip Laxman Narvekar & Anr. .... Respondents AND CRIMINAL WRIT PETITION NO. 9 OF 2009 The Vividha Urban Co-operative Credit Society Ltd. .... Petitioner V/s. Shri Maheshwar Rajaram Pednekar & Anr. .... Respondents Mr. A.D. Bhobe, Advocate for the Petitioner. Ms. W. Coutinho, Public Prosecutor for Respondent No.2. CORAM : N.A. BRITTO, J. DATE : 4 th APRIL, 2009 P.C.: Heard. For the view being taken, notice to respondent/accused is dispensed with. These Writ Petitions, at the request of the petitioner/complainant are treated as an applications for leave to appeal. 2. The complainant had filed a complaint against the respondent/accused under Section 138 of the Negotiable Instruments Act, 1881. The said complaint was fixed for recording the statement on oath of the complainant on 15/12/2008, but, had to be adjourned for want of time on 26/12/2008. None appeared on behalf of the complainant on 26/12/2008 and after the matter was called more than once the complaint came to be dismissed. 2 3. Shri Bhobe on behalf of the complainant has submitted that the advocate of the complainant noted the date as 15/12/2008 but did not transfer it to 26/12/2008 and, as such, did not remain present and the complainant who was otherwise being informed on the previous day of the hearing remained without being informed and for that reason the complainant also did not remain present. Affidavit of the advocate as well as representative of the complainant have been filed along with copies of the diaries. 4. Considering the same, it appears that the complaint came to be dismissed due to an inadvertent mistake of the complainant. No statement on oath of the complainant was recorded nor any summons or notice was sent to the accused. Considering the same, leave to appeal is granted. The acquittal of the accused is hereby set aside and the complaint is restored to file. N.A. BRITTO, J. NH/-