:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2337 OF 2007 WITH CRIMINAL APPEAL NO. OF 2008 Guljag Industries Ltd. ..Applicant. Vs. Modern Petrochem Industries Pvt. Ltd. and anr. ..Respondents. Mr.S.P. Kadam for the Applicant. Mr.J.D. Khairnar i/by Santosh Patil for the Respondents 1 to 3. Mrs. R.M.Gadhavi, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 12th August, 2008 PC : 1. Heard both sides. 2. This is an application for leave to file appeal. On perusal of the record it appears that the impugned order dismissing complaint U/s.138 of the N.I. Act was passed on 14.9.2006 because complainant was absent. On perusal of the roznama, I find that the complainant was present on 30.6.2005. Thereafter, on seven dates the court was vacant and hence, board was discharged. The matter then appeared on 2.9.2006 when both the parties were absent. The matter was then kept for dismissal. On 14.9.2006 both the parties were absent, hence, complaint was dismissed. In my view, the complainant cannot be said to be not negligent. However, the accused and his advocates were also absent on the last two dates. :2: In the circumstances, leave granted. Office is directed to number the appeal. Application is disposed off. CRIMINAL APPEAL NO. OF 2008 1. For the reasons which are mentioned hereinabove, appeal is admitted and allowed for the same reasons subject to payment of costs of Rs.5000/- to be paid by the complainant to the accused. Costs to be paid within four weeks from today and if the costs is not paid, the complaint will be liable to be dismissed. In view of the aforesaid reasons, appeal is disposed off. (R.S. MOHITE, J.)