1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 26 OF 2011 ( Vimal Jugalkishor Keyal (Agarwal) Vs. Vaibhav Khanna) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. P. Prajapati Adv for applicant. CORAM: M. N. GILANI J. DATED: 11th AUGUST, 2011. . Heard learned counsel for the appellant. None present for the respondent. Learned Magistrate in his order dated 20.11.10 observed that the continuous absence of complainant and his counsel shows that the complainant is not interested in prosecuting his case. By observing so learned Magistrate proceeded to dismiss the complaint. It is the contention of the learned counsel for the appellant that from the date of filing of this complaint i. e. from 07.12.09, the complainant and his counsel were diligent in prosecuting the case. When the case was fixed on 29.09.10 the 2 next date was wrongly noted. Because of that on 25.10.10 and 20.11.10 the complainant and his counsel remained absent. Copy of entire Roznama is at Annexure 'B'. It reveals that complainant was present on 07.12.09 and thereafter it was adjourned from time to time, at-least on 5 occasions and on all these 5 dates the complainant and his counsel were present. Therefore, observations of the learned Magistrate that complainant and his counsel are consistently remaining absent may not appear correct. Arguable points are involved, hence leave as prayed for is granted. Admit. Action under Section 390 Criminal Procedure Code. Issue bailable warrant in the sum of Rs. 3000/- returnable after eight weeks. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.