1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.1277 OF 2008 (PURUSHOTTAM MORESHWAR ANWANE Vs STATE OF MAHARASHTRA & ANR.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri P.A.Markandeywar, Advocate for Applicant. Mrs. A.R. Taiwade, A.P.P. for respondent/State. CORAM : R.C.CHAVAN, J. DATED : OCTOBER 15, 2008. 1. This application for leave to file appeal is taken up for hearing by consent. 2. By this application the applicant/ original complainant seeks leave to challenge acquittal of the respondents, recorded by the learned Judicial Magistrate First Class, Nagpur on 25th January, 2008, because of absence of the complainant and his counsel. On the same day an application for restoration was made, which was adjourned for hearing to 4th February, 2008 and was rejected on that day. The application for restoration merely mentions that the counsel for 2 the applicant was unable to attend the Court because he was being before the Ad-hoc District Judge and the complainant was out of station. 3. This can hardly be a ground justifying the absence before the Magistrate. However, the question involves a cheque for Rs.1,25,000/-, in order to give one chance to the complainant and to have a fair trial of the matter, leave granted. The application is disposed of accordingly. JUDGE RR.