1appeal 879 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 879 OF 2010 JSW Steel Ltd. .. Appellant. -versus State of Maharashtra and anr .. Respondents. Mr. S. Srivastava, i/b D. H. Law Associates, for the Appellant. Mr. A. K.Singh i/b Lex Remedeum, for Respondent NO.2 Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th July, 2011 P.C. 1. Heard learned counsel for the parties. With consent appeal is taken up for final hearing. 2. Considering the fact that the complaint was dismissed in default and since it would be always desirable to have lis decided on its merits rather than dismissing it on technical grounds, as the disputed cheque is of Rs.4,75,000/-. Appeal is allowed. The impugned order dismissing the complaint in default, is set aside subject to payment of costs quantified at Rs.5,000/- since respondent is needlessly dragged to this Court only because of applicant's lapse. If the costs are deposited within a period of two weeks, the 2appeal 879 of 2011 complaint shall stand restored before the learned Magistrate. If the costs are not so paid, the order shall stand revoked. (R. C. CHAVAN, J.)