1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2928 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. Leave to appeal is granted in view of the fact that the Criminal complaint case bearing SCC No.203/2004, came to be dismissed in default. 3. The appeal is admitted and is being disposed of finally by consent of the learned counsel for the parties. 4. Having heard learned counsel and on perusal of the copies of the cause lists dated 15.4.2009 and 18.4.2009, it is amply clear that the Criminal case bearing SCC No.203/2004 was scheduled for hearing on 18.4.2009 and was shown at serial No.1. However, it was erroneously shown on the Board of 15.4.2009 and came to be dismissed in default. There is absolutely no reason coming forth as to why it was shown on the cause list of 15.4.2009. What appears from the copy of the cause list dated 15.4.2009 is that after serial No.21 some cases were shown at serial No.22 to 30 by hand as additional cause list. The cause list pertaining to cases at serial Nos.1 to 21 was published and then the Criminal case bearing SCC No.203/2004 was not on the Board. No prior notice was given to the party while taking the said matter on Board of 15.4.2009. Obviously, the order of dismissal in default is nonest in the eye of law. 5. For the reasons mentioned above, the appeal is allowed. The impugned order of dismissal in default is quashed. The Criminal complaint case bearing SCC No.203/2004 is restored to its original position with direction to take appropriate care while preparing the cause list. The parties are directed to appear before the learned Judicial Magistrate (F.C.), Aurangabad, on 9.11.2009. (V.R.KINGAONKAR,J.) Dt.01.10.2009. asp/office/Crapp2928.09