IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.864 OF 2008 WITH CRIMINAL APPEAL NO. OF 2008 M/s.Apple Industries LImited )..Applicant Versus M/s.Western India Art Litho Works ) Pvt. Ltd., & Ors. )..Respondents ---- Smt.Asha Nair i/by M/s.Mahesh Menon & co. for the applicant. Mr.Y.M.Naik for respondent nos.1 & 3. Smt.A.A.Mane, APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 10.9.2008. PC 1. This is an application for leave to appeal. The case under Section 138 of Negotiable Instruments Act has been dismissed under Section 256 of Cr.P.C. It is contended that the complainant could not remain present because he has resigned in March-2007. Roznama indicates that even thereafter the matter has been on board on more than six occasions. On some of these occasion, application is made for adjournment. There is no reason whatsoever as to why some alternate person could not have been immediately authorised by the company for continuation of the said proceedings. Nevertheless : 2 : in the interest of justice and since it is desirable that such matters are decided on merits, I am inclined to grant leave and allow the appeal subject to heavy cost. Leave is therefore, granted. Appeal is admitted and taken up for hearing forthwith. 2. After hearing both sides, for the same reasons, appeal is allowed subject to payment of cost of Rs.10,000/-. Cost to be paid within a period of four weeks. Application and Appeal stand disposed off. Advocate for the contesting respondent states that he is willing to accept the cheque for payment of cost on behalf of his client. If payment is made to the Advocate for the said respondent, the same will be treated as valid discharge. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)