1 Cri-Appln-3594 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.3594 of 2009 IN Criminal Application No. of 2009 IN Criminal Appeal No. of 2009 Mr.Ronald D'Souza ... ... Applicant (Orig.Complainant) v/s. Mr.Neil Ashwin D'Souza & anr. ... Respondents (Res.No.1-Ori.Accused) Mr.Shekhar A. Ingawale for Applicant. Smt.A.A. Mane, APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25th April 2011 P.C. : 1. The Applicant has applied for leave to appeal against the order of the learned 6th Judicial Magistrate, First Class, Thane, dated 12th March 2007. The order shows that on various dates of hearing being 9th February 2007, 8th March 2007 and on the date of the order itself which is 12th March 2007, the complainant failed to appear. It shows that the complainant remained absent since 12th October 2006 except on 23rd November 2006. The accused had filed an application for dismissal of the complaint since 9th 2 Cri-Appln-3594 February 2007. No instructions were given to the complainant's Advocate and the complainant's Advocate could not proceed. The Advocate also remained absent. The plea of the accused was recorded since 4th October 2006. The affidavit of evidence was not filed. The Court has observed that the accused attended the matter regularly and the complainant was not interested to proceed. Hence the order under Section 256(1) of the Criminal Procedure Code was passed dismissing the complaint. The earlier notings of the learned Judge have also been annexed to the application of the accused for dismissing the complaint on 9th February 2007. The complaint came to be dismissed after following due legal process. There is absolutely no error in the impugned order. 2. Leave to appeal is refused. The application for condonation of delay is disposed of accordingly. (SMT.ROSHAN DALVI, J.)