1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR APPA NO. 839 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Prabhat Sonbaji Dongre Vs. State of Maharashtra & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri Lubesh Meshram Adv for applicant. Shri Bhagde APP for non applicant/State. CORAM: M. N. GILANI J. Dated: 6 th JUNE, 2011. . Heard learned counsel for the applicant and the learned APP for the respondent no. 2-State. Appellant is original complainant in Criminal Case No. 5643 of 2008 on the file of Judicial Magistrate First Class, Nagpur. On 07.09.2010 for non appearance of the complainant the learned Magistrate dismissed the complaint and acquitted the accused by invoking the jurisdiction under Section 256 of Criminal Procedure Code. Admittedly on 07.09.2010 the date on which the complaint has 2 been decided, it is stated that he was required to carry his son to the hospital and therefore could not remain present when the case was called out for hearing. However, he could reach to the Court at about 2.30 P. M. and learnt that the case was dismissed for want of prosecution. For the reasons stated in the petition and the fact that the complaint has not been disposed of on merits, leave as prayed for is granted. JUDGE svk 3 4 5