IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2946 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Devichand Hiranchand Votavat .. Applicant V/s. M/s.Baron International Ltd. & Ors. .. Respondents Mr.K.Rajesh i/b.Shreeji & Lal for the Applicant. Mr.Manish Bora i/b.M/S.A.S.Khan for Respondent Nos. 1 and 2. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to prefer an appeal against the dismissal of the compliant. Said compliant was filed by the applicant original complainant against three accused present Respondents for taking action against them under the provisions of 1 section 138 of Negotiable Instruments Act read with section 420 of Indian Penal Code. Allegedly, the cheques 13 in numbers total valued at Rs.3,80,000/- were dishonoured giving rise to filing of compliant. It was filed on 27th October, 2004 before J.M.F.C., Thane for two years after filing such compliant. Nobody appears including the Advocate of the complainant and as such vide order dated 29th November, 2006 8th J.M.F.C., Thane passed an order dismissing the complaint under section 256 of Criminal Procedure Code even no process was also issued prior to lodging and verification of the compliant. Such verification was done on 17th January, 2005. 3. Considering the matter at hand and considering the bouncing of cheques, for total value of Rs.3,80,000/- and considering the order passed by J.M.F.C., Thane, in the opinion of this Court on imposing certain conditions as to payment of some penalty, present application for leave can be granted and appeal can be disposed of at the admission stage itself. Hence, the order : :: O R D E R :: i. Leave to appeal is granted and appeal is allowed. ii. Matter be sent back to concerned J.M.F.C., 2 Thane for disposal according to law and to proceed further with the matter from the stage when it was dismissed. The Trial Magistrate to secure presence of rival parties by issue of notice. With these directions, the present leave petition and also the appeal are, accordingly, disposed of. iii. Present order is passed on the condition precedent that the applicant shall deposit the costs of Rs.2,000/- with the office of Legal Services Authority of this Court within one week from this order. On showing the proof of such payment of costs to the Registry, the present order shall be effective. (A.R. JOSHI, J.) 3