1 APEAL 1468 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1468 OF 2011 Ronak Manharlal Shah .. Appellant -versus The State of Maharashtra and ors .. Respondents. Mrs. Mallika Ingale, for the appellant Ms. Sharmila Kaushik, Advocate for respondent Nos 2 & 3. Ms R.M. Gadhavi, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th November, 2011 P.C. 1. Not on board, Taken on today's board. 2. By consent the appeal is taken up for hearing at the admission stage. Heard learned counsel for the parties. Considering the fact that the complaint was dismissed for failure of the complainant to take steps and since it is always desirable to have decided the complaint on its merits, appeal is allowed. 3. Since respondents were needlessly dragged to this Court because of lapse of the complainant, the appeal allowed subject to costs of Rs.5,000/- to be paid to respondent Nos 2 and 3 or to be deposited before the learned trial Court, within 2 APEAL 1468 OF 2011 a period of two weeks. On depositing the costs, the impugned order 24.3.2011, passed by the learned Metropolitan Magistrate in C.C. No.6146/SS/2009 shall stand set aside and the said complaint shall also stand restored on the file of learned Metropolitan Magistrate. If the costs are neither deposited nor paid within the stipulated period, the order shall stand revoked. 4. Both the parties shall appear before the learned Magistrate on 13th December, 2011. (R. C. CHAVAN, J.)