1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5017 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 IN C.C.NO.1405/SS/2008 Shri Ashok L. Pawar ...Applicant/Appellant. v/s. Smt. Devyani D. Vaidya & Anr. ...Respondents. Mr. R.V.Sankpal , adv. For the Applicant. Mr. Dilip Bodake , adv. For the Respondent No.1. Mr. Y.M.Nakhawa, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : AUGUST 25 , 2011. P.C. 1 Heard. 2 For the reasons given in the application, leave to prefer appeal against the acquittal granted. Appeal be registered. 3 Appeal admitted and with consent the appeal is taken immediately for final hearing and disposal. 4 Criminal Case No.1404/SS/2008 was registered in the Court of Metropolitan Magistrate, Bandra, Mumbai on the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act. It appears that the complainant filed examination-in-chief by 2 affidavit alongwith the documents and the matter was adjourned for cross-examination. Thereafter on 7 dates either the complainant was absent or his advocate was absent or both of them were absent, and, therefore, matter could not proceed. Finally on 19.7.2010, complaint came to be dismissed and accused was acquitted under Section 256 of the Cr.P.C. That order is challenged in the present appeal. 5 According to the complainant, he was originally residing in Mumbai but he had shifted to Solapur. On 23.3.2010 after attending the Court when he was returning to Solapur on the way, he had severe back pain and on examination, it was found that there was gap in discs and, therefore, he was advised complete bed rest for about six months. Due to this he could not attend the Court. He has produced medical certificate in support of this contention. Therefore, I find that there was valid reason for his remaining absent, though his advocate should have attended the Court. 6 Therefore, in the interest of justice, appeal is allowed. The impugned order is set aside and the Criminal Case No. 1404/SS/2008 is hereby remanded back to the Metropolitan Magistrate, 12th Court, 3 Bandra for hearing and disposal as per law. Parties shall appear before that Court on 12.9.2011. (J.H. BHATIA,J.)