:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4492 OF 2006 WITH CRIMINAL APPEAL NO. OF 2008 M/s. Martek Engg. Works. ..Applicant. Vs. M/s. VNS Offshore Services Co. & ors...Respondents. Mr. S.R.Singh, Sr.Advocate with Mr.D.R. Mahadik for the Applicant. Mr.A.M.Vernekar for the Respondent Nos. 1,1A, 2 and 3. Mr.A.S.Shitole, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 21st July, 2008 P.C. P.C. P.C. 1. Heard both sides. Since the application and the appeal involved the same questions, by consent, parties have agreed that both should be disposed of by common order. 2. This application impugns an order passed by the Magistrate on 4.2.2006 dismissing a criminal case for alleged offence under Section 138 of the Negotiable Instruments Act on the ground that the complainant has remained absent. I have perused the roznama. It appears that the complainant was present on 4.7.2005 when his plea was recorded. The matter was thereafter adjourned to 12.8.2005. The roznama indicates that on 12.8.2005 the complainant was absent. Thereafter on three dates the board was :2: discharged. The complainant thereafter was absent on 22.12.2005, 4.1.2006 and 4.2.2006 when the impugned order came to be passed. It is seen that last four dates are very close. It is seen that the complainant and his advocate were absent on the aforesaid dates. It is expected that the matter should be dealt with and disposed of on merits. Nevertheless since the plea has been recorded in the year 2005, I am inclined to grant leave. Hence, leave granted. Office is directed to number the appeal. Application stands disposed off. 3. Heard both sides. Appeal admitted. 4. By consent, I have heard the appeal. For the reasons which are mentioned above, appeal is allowed subject to payment of costs of Rs.10,000/-. The costs has been imposed because the accused were forced to attend the court and forced to engage an advocate in the present matter before this court. The costs will be payable by demand draft to the respondent No.1A within a period of four weeks from today. It is made clear that if costs is not paid within the aforesaid period then this order will be liable to be recalled. Liberty to the appellant to apply in case of default in payment of costs. Appeal is disposed off. (R.S. MOHITE, J.)