1 Cri appln 5175.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5175 OF 2010 Devidas S/o Gangaram Patil .. Applicant Versus Jitendra S/o Madhukarrao Nandedkar .. Respondent Shri A. B. Kharosekar, Advocate for the Applicant. Smt. S. G. Jahagirdar, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 21ST FEBRUARY, 2011. PER COURT : . Heard learned counsel for the applicant and learned counsel for the respondent. It is not necessary to go into the details of the facts, since the impugned order is passed by the Trial Court dismissing the complaint for non prosecution. On the date of hearing the complainant and his advocate were not present. No steps were taken against the accused since 17 th March, 2010. The Court has observed that matter was pending from 17 th March, 2010, however, no steps have been taken by the complainant or advocate for the complainant. In that view of the 2 Cri appln 5175.10 matter, the complaint came to be rejected thereby acquitting the respondent. 2. This Court is not inclined to entertain this application, however, in the facts and circumstances of the case and in view of the statement of the counsel for the applicant that on the relevant date the applicant was not feeling well and he was hospitalized. Taking lenient view of the matter, the complaint is restored to its original file subject to payment of cost of Rs. 5,000/- (Rs. First thousand only) to be deposited by the complainant within two weeks from today, in the Court of 02nd Judicial Magistrate First Class, Jalgaon. If the complainant fails to deposit the amount of Rs. 5,000/- within two weeks from today, the order passed today will not come into operation. The complaint in Criminal Case No. 4687/2006 is restored to original file. The 02nd Judicial Magistrate First Class, Jalgaon to try the complaint afresh. On depositing Rs. 5,000/-, same may be paid forthwith to the respondent. After depositing the amount of Rs. 5,000/- the Trial Court should fix the date of hearing. The application is allowed to above extent and stands disposed of. [S. S. SHINDE, J.] 3 Cri appln 5175.10 bsb/Feb. 11