1 criapln560.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 560 OF 2011 (FOR RESTORATION) IN CRIMINAL APPLICATION NO. 450 OF 2011. Jasmin Bhogilal Shah ...Applicant Vs. State of Maharashtra & Other ..Respondents Mr. Rishi Bhuta for the Applicant. Mr. Rajesh More, APP for the State. CORAM : K.U. CHANDIWAL, J. DATE : 13TH OCTOBER, 2011. P.C. 1. Heard the learned Counsel for the accused/applicant. The challeng in the main petition is to the proceeding under Section 138 of Negotiable Instruments Act, 1881. On 24th August, 2011 when the matter was called the learned Counsel did not appear and therefore the matter was dismissed. The reasons assigned for said absence is that he was engaged before another Bench. Law does not permit to entertain such ground as an excuse. However, as the original complainant (respondent in the petition) was not served, no prejudice would be caused to him, if the matter is restored to the original position. 2. The Criminal Application for restoration is allowed. The Criminal Application No. 450 of 2011 is restored to the original position. 2 criapln560.11.sxw 3. The applicant to deposit costs of Rs. 500/- in the Court. ( K.U. CHANDIWAL, J. )