IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.715 OF 2008 ICICI Bank Ltd., )..Appellant Versus State of Maharashtra & Ors. )..Respondents ---- Mr.F.Sayyed i/by M.K.Ambalal & Co. for the appellant. Mrs.M.H.Mhatre APP for the State. Mr.S.V.Marvadi for respondent nos.2 to 6. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.08.2008. PC 1. This is an appeal against acquittal. By the impugned order dated 7.9.2007 a complaint under Section 138 of Nogotiable Instruments Act was dismissed because the complainant was not present on the same date. Perusal of the roznama however, indicates that on the earlier two dates i.e. 4.8.2007 and 8.8.2007, both, the complainant and his Advocate were present. After hearing both sides, I feel that the matter requires restoration subject to cost. The appeal is therefore, allowed subject to payment of cost of Rs.10,000/-. Payment of cost is a condition precedent and the cost will be paid within a period of four weeks from the date of this order. If the cost is paid, complaint to proceed on merits. Proof of payment of cost to be furnished by : 2 : the appellant in the trial Court. Mr.Marvadi learned Counsel for the respondent nos.2 to 6 states that cost may be paid to his office and that he will take care of the disbursement of the payment to the Advocate on record. Appeal stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)