1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2653/2009 (Sau. Annapurnadevi Rameshwarlalji Agrawal vs. Deepakkumar Agrawal and another ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr Sumit Joshi, Adv.for applicant Mr Iliyas Shekhani, Adv.h/for Mr C.A. Joshi , Adv.for Res.No.1 Mr Anup Parihar ,APP for Respondent No.2 C ORAM : A.P. BHANGALE, J. DATED : 23rd September, 2009. 1. Heard. 2. By this application, the applicant prays for grant of leave to file appeal, challenging the impugned order dated 18.10.2008 passed by the learned Judicial Magistrate First Class (Court No.2), Akola (below Exh.1) in Summary Criminal Case No.6893/2004 whereby on the ground that the complainant was absent and the complaint is very old, the trial Court appears to have passed the order to stop the proceedings and discharged the accused of offence punishable u/s 138 of the Negotiable Instruments Act. Learned Advocate for the applicant contended that it was not valid and legal to pass order u/s 258 of Cr.P.C. in its stead, at the most, such an order could have been passed u/s 256 of Cr.P.C. Furthermore,the complainant ought to have been given an opportunity to prosecute his complaint, on merits. 3. It cannot be disputed that the exercise of power with reference to Section 258 appears prima facie wrong as such power to stop the proceeding is available in summons case instituted otherwise than upon complaint and not in the case of a private complaint. Arguable case is made out, as such, leave is granted. Application is allowed. 2 4. Call R & P. Parties are put to notice that the Appeal itself would be heard finally at the stage of admission itself, after receipt of R & P. JUDGE. sahare