1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3247 of 2009 (Mahalaxmi Stone Crusher v. Madhav Structural Engineering Ltd. and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.S. Murty, Advocate for Applicant. APP for Respondent No.5. Coram : R.M. Borde, J. Dated : 6 th July, 2010 The learned counsel for the applicant agrees that in view of the provisions of Section 256(1) of the Code of Criminal Procedure, on recording non-appearance of the complainant on the appointed date by the Magistrate, the Magistrate is empowered to acquit the accused, against which order the appropriate remedy is to present an appeal. In this view of the matter, the learned counsel for the applicant seeks leave to withdraw the application with liberty to avail of appropriate remedy as may be available in law. Leave is granted. The application is rejected as withdrawn. Judge. pdl.