IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.3868 OF 2008 WITH CRIMINAL APPEAL No. OF 2008 Mrs Darshana Shrivardhan Sukhatme.Appellant. vs. Mrs Dipali Sandip Apte & Anr..Respondents. Mr A.S. Rao for the appellant. Mr R.D. Oak for Respondent No.1. Mr D.P.Adsule, A.P.P.for the State. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 28TH APRIL,2009. DATED : 28TH APRIL,2009. DATED : 28TH APRIL,2009. P.C.:- P.C.:- P.C.:- ----- 1. Heard rival submissions for some time. 2. It is the application for leave to prefer appeal against the acquittal of the respondent No.1 - original accused in the matter of offence under Section 138 of the N.I.Act. The applicant has filed a complaint for bouncing of cheque of Rs. 4,66,760/-. It appears for two occasions during the pendency of the matter before the Judicial Magistrate, F.C. Thane, the applicant remained absent. However, on his applications for exemption, matter was adjourned. Still on the next occasion the applicant remained absent and as such the matter came to be dismissed under the provisions of Section 256 of the Cr.P.C. for absence of the applicant- original complainant. In the opinion of this Court, here it is a matter in which along with leave application itself the appeal itself can also be disposed of considering that the order impugned in the present matter was passed not on merits. 3. Under the above circumstances, leave is granted. Appeal be numbered accordingly. Appeal is admitted and the same is also allowed. Matter is remanded back to the concerned Judicial Magistrate, Thane for disposal according to law and as far as possible on priority. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)