1 2500.11 Cri.Appln. IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2500 OF 2011 Pancham Pictures, through its Prop. Madu S/o Sadashiv Pawar APPLICANT VERSUS Suresh S/o Dwadashiwar & anr RESPONDENTS ..... Shri S.T. Mahajan, Advocate for the applicant Shri S.P. Chapalgaonkar, Advocate for respondent Nos.1 & 2 ..... CORAM : U.D. SALVI, J. DATED : 16 th September, 2011. PER COURT : 1. Heard. Perused. 2. The applicant / complainant is seeking leave to prefer an appeal against the order of dismissal of the complaint in default of payment of process fee in time in R.C.C. No. 272/2002, passed by the learned Chief Judicial Magistrate, Beed. Copies of Rozanama annexed to the application reveal that the cognizance of the complainant was taken by the learned Chief Judicial Magistrate, Beed on 22-09-2009, and there has been no deliberate or 2 2500.11 Cri.Appln. intentional default in payment of process fee required to be paid for issuance of summons in the said case. Leave is granted. 3. Admit. By consent the appeal is taken up for final hearing and final disposal. It is submitted on behalf of the respondents / accused that there is no merit in the complaint warranting issuance of process, and as such, the respondents / accused propose to move an application under Section 482 the Criminal Procedure Code, 1973, challenging the issuance of process in the same complaint before this Court. 4. It is however, pointed out by the applicant / complainant that unless the complaint is revived there can be no debate on the merit of the order of issuance of process. 5. For the reasons stated here-in-above, the application needs to be allowed. The applicant / complainant fairly, makes a statement that in case, any petition under Section 482 of the Criminal Procedure Code, 1973, is filed in this Court, he would accept notice of such petition on behalf of applicant / complainant and waive service in such petition before the Court to facilitate the expeditious dispensation of justice. The order dated 22-02-2011, dismissing the said complaint for default is set aside. Parties shall 3 2500.11 Cri.Appln. appear before the learned Chief Judicial Magistrate, Beed in R.C.C. No. 272/2002 on 17th October, 2011. The case to proceed in accordance with law. The application stands disposed off accordingly. ( U.D. SALVI, J. ) SDM* September-11