1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 348/2009 in Criminal Appeal No. 58/2009 ( Govind Narrayan Gattani .vs. Dilip Balkrishna Admane ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.R. Patil, Advocate for Applicant. CORAM : P.D. KODE, J. DATED : DECEMBER 4, 2009 Heard. The act of the respondent of remaining absent in spite of the service indicates that he is not interested in contesting the application for leave made by the applicant. The submission of the learned counsel for the applicant that the complainant had continuously remained present for last four dates prior to date of dismissal of the case , there appears substance in the submission that having regard to the cheque amount of Rs. 2 lacs involved in the matter, the act of the complainant remaining absent on the relevant date militates against the same being intentional one. Having regard to the relevant aspects of exercising discretion in such circumstances, arguable case is made out for granting leave. Leave granted. 2 Issue notice before admission to the respondent returnable on 14.1.2010 indicating that the matter may be disposed of finally at the admission stage after hearing both the sides. JUDGE halwai