[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2072 OF 2006 CRIMINAL APPLICATION NO. 2072 OF 2006 CRIMINAL APPLICATION NO. 2072 OF 2006 Ipsat Finance Limited ..Applicant V/s Elar Fashions Ltd. & Anr. ..Respondents. Mr.Ganesh Gole for the applicant. Mr.Rajesh More, APP for the State. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. DATE : 22ND JANUARY, 2007. DATE : 22ND JANUARY, 2007. DATE : 22ND JANUARY, 2007. P.C. . Heard Mr. Ganesh Gole, learned Counsel for the applicant. The applicant, seeks leave to prefer appeal against the order of acquittal passed under Section 256 of Code of Criminal Procedure in Criminal case No. 1691/SS/05 (Old Case no. 1257/S/97). The record reveals that the matter was originally before the Metropolitan Magistrate 5th Court and the respondents had preferred Writ Petition No.1302/2000 wherein order was passed by this Court staying the proceedings before the Magistrate. Stay continued till the said petition was disposed of on 3/8/2002. This Court had directed [2] that the Criminal case be expedited. It appears that after receipt of the writ on 6/8/2003, the learned Magistrate issued notice to both the parties. However, notices could not be served and parties were absent till 28/10/2004. On 25/11/2004 the complainant was present with his Counsel. However, before next date the matter was transferred from 5th Court to 13th Court. On 5/4/2005, Advocate for the applicant was present and had sought exemption from personal appearance of the complainant. Respondent accused No.2 and 6 were yet to be served. Substituted service was allowed. The matter was adjourned to 13/6/2005 for effecting the substituted service. On 13/6/2005 both the parties were absent. It appears that the learned Counsel for the applicant, was also absent and therefore, the complaint came to be dismissed under Section 256 Cr.P.C. The complaint was pending for about 8 years and substantial amount is involved. The matter was stayed for quit a long time at the behest of some of the respondents. Taking into consideration these circumstances, I find it is a fit case, to grant leave to the applicant to prefer appeal against the order of acquittal. 2. Leave granted. [3] 3. The application is allowed to prefer appeal. Hence, the appeal be registered. . Appeal be listed on 12th February, 2007. (J.H. BHATIA, J.) (J.H. BHATIA, J.) (J.H. BHATIA, J.)