1 cri.appln 2971-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2971 OF 2010 Prakash Vitthal Dhage ...Applicant VS. The State of Maharashtra & Ors. ...Respondents Mr.Sandesh D. Patil for the Applicant. Smt.U.V. Kejariwal, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 19, 2011 P.C :- 1 Heard. Perused the application. This application was to be listed for disposal alongwith the appeal at the stage of admission vide order dated 19th July, 2010. Notice was accordingly issued. Affidavit of service dated 24th September, 2010 discloses service of notice on the contesting respondent nos.2 and 3 by courier. None appears on behalf of respondent nos.2 and 3. 2 Criminal Case No.2034/2009 under Section 2 cri.appln 2971-2010 138 of the Negotiable Instruments Act instituted by the applicant was dismissed for default on 6th May, 2010 by the JMFC, Thane. Certified copy of Roznama reveals that the applicant-complainant was remaining present before the court to pursue the said criminal case. However, it appears that the proceedings were transferred to the evening court and there was a break in appearance of the complainant and his Advocate before the trial court. On 6th May, 2010, a date after it was transferred to the evening court, Complainant and his Advocate were absent and the court proceeded to dismiss the complaint upon the application moved, therefor, by the accused. 3 In the interest of justice, the order of dismissal requires to be set aside. Leave granted. Appeal is allowed at the admission stage. Order dated 6th May, 2010 passed by the JMFC, Thane, dismissing CC No.2034/2009 is set aside. Criminal Case No.2034/2009 to proceed according to law. 3 cri.appln 2971-2010 (U.D. SALVI, J.)