1 APL 862.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 862 OF 2011 Mr. Yajanappa T. Poojari. ... Applicant. V/s. Mr. Ligorio Leltao Inacio & Anr. ... Respondents. Mr. Niyaz Ahmed for the Applicant. Mr. D.P. Adsule, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 10th OCTOBER 2011. P.C. :- Heard. 2. Dismissal of proceedings under Section 138 of Negotiable Instruments Act by order dated 17.8.2007 by the learned J.M.F.C., Kalyan is sought to be challenged after four years. 3. The learned Counsel for the Complainant has placed reliance to the Judgments in the matter of Associated Cement Company Ltd. v/s. Keshvanand (AIR 1998 S.C. 596). There cannot be issue in relation to observations of the Lordships in the said Judgment. The fact remains here, it was not the stage for appearance of the Accused alone but it was for the Applicant as Complainant, who was expected to take 2 APL 862.11.sxw steps in the matter. After repeated opportunities, he failed to take steps. The annexures at page 31 informs, on 22.7.2005, the learned J.M.F.C. has, at the instance of the Complainant and the Accused, there being an element of settlement has referred the matter before the Co-ordinator. The parties were directed to appear before the Co-ordinator on 17th August 2005 and thereafter, a mediator was to be selected by the parties from the list of mediators and if settlement is not possible in the mediation, the parties to file a compromise pursis or the communication. Nothing as sought is conveyed to Court. The matter is dragged and ultimately, the learned Judge, by passing order below Exhibit 1 dismissed the Complaint. I do not see any error on the part of the learned Judge in dismissing the Complaint. The blunder exhibited by the Complainant in not attending the matter need not be further considered under Section 482 of Cr.P.C. (K.U. CHANDIWAL,J.)