1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3096/ 2009 [Dinesh Govindrao Mahalle .vrs. State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.N.B.Raut, Advocate for the applicant, Mr. Sonak, APP for respondent No.1 None for Respondent No. 2. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 08, 2009. Heard. By the present application, the applicant has sought leave for presenting an appeal against the order dated 16.6.2009, dismissing the complaint filed by the applicant under Section 138 of Negotiable Instruments Act, against respondent No. 2 and acquitting the respondent no.2. The act of Respondent No.2 in not remaining present in spite of service of this application is indicative of himself being not interested to challenge the application. The submission of the learned counsel for the applicant that the applicant had remained present on the previous dates fixed in the matter is found supported by Annexure B annexed with the application. 2 Having regard to the same and having regard to the decision in the case of Mohd. Azeem vs. A. Venkatesh and another, reported in (2002) 7 SCC 726, which inter alia reveals that dismissal of complaint on a singular default was held not proper when the cause for absence shown by the complainant in the said case was not disbelieved, considered along with the fact that the applicant on the same day had made an application before the trial Court for restoration of the complaint, lead to the conclusion that the applicant having made out a prima facie case for grant of leave as prayed. Hence, special leave under Section 378(4) of Cr.P.C is granted. Application stands disposed of. Criminal Appeal No. /2009. Issue notice before admission to the respondents, returnable on 11/11/2010, indicating that the matter may be disposed of finally at the admission stage. Learned APP waives service on behalf of respondent No. 1 State. JUDGE Rvjalit