IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 108 OF 2008 M/S. INDIAN OIL CORPORATION LTD., ... Applicant Versus SHRI. SANGAM NARAYAN GAUNDALKAR AND ANR., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the Applicant. Coram:- N. A. BRITTO, J. Date:- 11th August, 2008 P.C.:- Heard Mr. Nigel Da Costa Frias, learned Counsel on behalf of the Applicant/Complainant. This petition is directed against Order dated 29-10-2007 by which the learned J.M.F.C. has closed the cross-examination of the Complainant's Manager. The Respondent/Accused who is duly served has chosen to remain absent. Learned Counsel on behalf of the Complainant submits that the Complainant's said witness was transferred to Hyderabad and as such could not attend the Court on 29-10-2007. Learned Counsel further submits that earlier there was no Presiding Officer in the said Court although a last opportunity was given on 29-8-2007. He further submits that there was communication gap in communicating the dates to the said witness to enable him to remain present on 29-10-2007. Considering the facts of the case particularly what is stated in para 5 of the petition an opportunity needs to be given to the Complainant to complete the Complainant's evidence. In view of the above, the petition succeeds. The impugned Order is hereby set aside. The Complainant through its said witness to remain present before the learned trial Court on 21-8-2008, when the case is fixed for hearing. N. A. BRITTO, J. RD.