( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 49 OF 2010 Rajendra s/o. Wamanrao Sonawane .. Appellant Versus Madhukar s/o. Dagadu Waghmare .. Respondent Shri Afzal Hussain h/f. Shri D.S. Bagul, Advocate for the appellant. Shri V.V. Bhavthankar h/f. Shri H.K. Mundhe, Advocate for sole respondent. CORAM : P.R. BORKAR,J. DATED : 10.03.2010 P.C. :- 1. This is an appeal filed by the appellant/original complainant being aggrieved by the order of dismissal of complaint lodged by him, by the Chief Judicial Magistrate, on 11.07.2007. 2. Present appellant had filed S.C.C. No. 2597 of 2006 against the respondent for recovery and committing offence punishable under section 138 of the Negotiable Instruments Act. The complaint was filed on 18.10.2006. The ( 2 ) verification statement of said complainant was recorded on 29.12.2006 and on same day process was issued. The accused appeared on 03.03.2007. The record shows that from that day onwards the complainant never turned up. Ultimately, complaint was dismissed on 11.07.2007. The matter was fixed for hearing on 03.05.2007. The matter was then adjourned to 24.05.2002, 07.06.2007 and finally on 11.07.2007. Due to absence of complainant and in absence of any application for adjournment, the complaint was dismissed. It is stated that on 11.07.2007 the advocate for complainant was engaged in some other Court. However, the reason given for absence of the complainant is not satisfactory. It is stated that the complainant is a Talathi and therefore he was not present. The reason is not satisfactory. Hence, this is not case where restoration of the complaint should be allowed. No interference by this Court is called for. 3. The Criminal Appeal is dismissed. [P.R. BORKAR,J.] snk/2010/MAR10/crap49.10