1 APPLN-1147.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1147 OF 2011 Smt. Fatima Shabbir Haidermota .... Applicant Vs. Saifuddin M. Ghodnadiwala & Anr. .... Respondents Shri K.S. Patil i/b Ms Aparna More for the Applicant. Shri D.M. Gupte for Respondent No.1. Ms S.V. Sonawane, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 22, 2011 P.C: 1. This application is directed against the order of the learned Judicial Magistrate, First Class, Pune, dated 6-11-2009, dismissing the complaint under Section 256(1) of Cr.P.C. because of the complainant's absence. 2. I have heard the learned counsel for the applicant and the learned counsel for the respondent-accused. The learned counsel for the applicant states that the applicant be given one chance to prove the case and that the complainant had filed an application for secondary evidence which was not noticed by the 2 APPLN-1147.11 learned Magistrate while dismissing the complaint on 6-11-2009. 3. In view of the above, the application is allowed, subject however to costs of `5,000/-, to be deposited with the trial Court within one week, since the respondent has been dragged to this Court because of the lapse on the part of the complainant. The order dated 6-11-2009, dismissing the complaint, is set aside. The complaint is restored to the file of the learned Magistrate for disposal according to law. All the contentions of both the parties are kept open. The parties shall appear before the trial Magistrate on 22-12-2011. 4. If the costs are not deposited within a period of one week, this order shall stand revoked without reference to this Court. If the costs are deposited, the respondent would be at liberty to receive the amount. 5. The application accordingly stands disposed of. (R.C. CHAVAN, J.)