1 CRI.APL.NO.3415/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3415 OF 2010 Dhanvarsha Urban Co-operative Credit Society, Ltd. Jalgaon Through its Recovery Officer Shri Sanjay s/o Shridhar Sonwane, Age: 40 years, Occu. Service r/o Plot No.12 First Floor, Dhake Colony, Near Chhatrapati Shahu Maharaj Hospital Jalgaon, Tq. & Dist. Jalgaon. ...APPLICANT VERSUS Devidas s/o Pandit Sonawane Age: Major, Occu. Agri., r/o. 84/44 Shriram Nagar, Jalgaon, Tq. & Dist. Jalgaon. ...RESPONDENT ... Mr.D.B.Thoke, Adv., for applicant. Mr.Salgare, Adv., h/f Smt. S.S.Jadhav, Adv., for respondent. ... CORAM: A.H.JOSHI, J. Date: SEPT.,19th, 2011 *** JUDGMENT: 1. Rule. Rule is made returnable forthwith. Heard by consent. 2 CRI.APL.NO.3415/2010 2. The petitioner's complaint under Section 138 of Negotiable Instruments Act has been dismissed by order dated 26.2.2010, passed by learned Judicial Magistrate, First Class, (Court No.I), Jalgaon, which reads as follows: " Complainant and advocate respectively absent. No steps taken against the accused since 20.01.09. Therefore matter is pending on the file of this court without development since 20.1.09. hence I pass dismissal for default order against the complainant. The accused is hereby discharge." 3. Learned Advocate has urged that this order is erroneous on the ground that perusal of Roznama will reveal that between 9.11.2009 to 12.1.2010 the case was not appearing on the Board and without intimation or notice to parties, the case appeared on Board on 12th Jan.,2010, it was adjourned to 26.2.2010 and, on the same day, it was dismissed. 4. The submission made by the learned Advocate is supported by record, as is seen from page No.21, copy of Roznama. 5. In view of this fact, it shall suffice to order that the case, which had lost track, was dismissed, without opportunity to the complainant, to take steps, be restored. 3 CRI.APL.NO.3415/2010 6. In view of above discussion, the dismissal of the case is erroneous and results in injustice to the petitioner. 7. (a) Therefore, Rule is made absolute in terms of prayer clause (C). (b) SCC No.1454/2004 is restored to the file. (c) Parties are directed to appear before the Court of Judicial Magistrate, First Class, Jalgaon, on 21st Nov.,2011, without notice from the Court and proceed in accordance with law. (A.H.JOSHI) JUDGE ... AGP/3415-10crapl