/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4179 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 M/s. Philips Electronics Ltd. ...Applicant V/s. Mr.Sunil Kumar Gupta & Anr. ...Respondents. Shri.P.D. Desai for Applicant. Shri.J.P. Shah i/b.M/s.J.P.S. Legal for Respondent No.1. CORAM : V.M. KANADE, J. DATED : 5th FEBRUARY, 2008. P.C:- 1. Heard learned counsel for the Applicant and learned counsel for the Respondent No.1. Leave is granted. Appeal is taken up forthwith for final hearing. 2. Applicant is the original complainant. A complaint was filed against the Respondent No.1 in the 10th Court, Andheri U/s.138 of N.I. Act. The Trial Court was pleased to dismiss the complaint for want of prosecution on 4th August, 2006. Being aggrieved by the said order, present appeal has been filed. 3. Learned counsel for the Applicant/Complainant submitted that the Complainant was absent on only one day and there was misunderstanding / 2 / about the date which was given by the Magistrate and later on the Complainant realized that the complaint had been dismissed for want of prosecution and he immediately applied for a certified copy of the order. He submitted that the Trial Court erred in dismissing the complaint U/s.256 of Cr.P.C. 4. Learned counsel for the Respondent No.1 on the other hand, submitted that it was duty of the Complainant to diligently attend the date which was given by the Trial Court and the Magistrate was justified in dismissing the complaint. 5. It is a well settled position in law that the Trial Court has to exercise its jurisdiction vested in it U/s.256 of Cr.P.C. in a proper and judicious manner and merely because the Complainant was absent on a particular date, the Magistrate was not justified in dismissing the complaint. In my view, therefore, impugned order is set aside. The complaint is restored to the file. The Trial Court is directed to decide the case as expeditiously as possible. The Appeal is allowed in the aforesaid terms. . Application and Appeal are disposed of accordingly. V.M. KANADE, J. / 3 /