1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.549/2010 IN CRIMINAL APPEAL NO.440/2010 (Sau. Sunita w/o Subhash Manjare .vrs. Dharma Ramani) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. H.D. Dubey, Advocate for applicant, Mr. P.S. Tiwari, Advocate for respondent. .......... CORAM : P.D. KODE, J DATED : MARCH 16, 2011 Heard. By the present application preferred under Section 378(4) of the Code of Criminal Procedure, the applicant/original complainant in Summary Criminal Complaint Case No.398/2004, has sought leave for preferring an appeal against the order dated 14.2.2007 passed in the said case dismissing the case instituted upon the complaint made by the complainant on the count of his absence and acquitting the respondent for commission of offence under Section 138 of the Negotiable Instruments Act. Having regard to nature of submissions canvassed by rival parties about exercising discretion under Section 256 of the Code of Criminal Procedure and 2 various decisions relied for supporting respective stand, the matters needs thoughtful consideration. Hence, the leave, as prayed, deserves to be granted. Leave granted. The application stands disposed of. Criminal Appeal No.440/2010 Heard. Admit. Call for R & P. Action under Section 390 of the Code of Criminal Procedure to follow. The trial Court is directed to release the applicant on bail upon executing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount. Both the parties request for listing the matter for final hearing in view of complaint being dismissed in the year 2007. Request granted. Appeal be expedited. List the matter for final hearing on 23.3.2011. JUDGE Gulande