1 Cri.A.924.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 924 OF 2011 Terna Shetkari Sahakari Sakhar Karkhana Ltd., Ternanangar (Dhoki) Tq.& District Osmanabad. Through Shri Sheshrao S/o Bhaurao Chalak, Age : 57 Years, Occup.: Service R/o Ternanagar, Tq. And District Osmanabad. ...APPLICANT/ Appellant VERSUS 1. Kisan S/o Navnath Patil, Age :45 Years,Occup. Contractor, R/o Kini,Tq. & Dist. Osmanabad. 2. The State of Maharashtra. ...RESPONDENTS ... Mr.N.B.Gute,Advocate for Applicant. Mr.Ashok Ghuge,Advocate holding for Mr.D.H.Jadhavar,Advocate for respondent No.1. Mr.N.H.Borade,APP for respondent NO.2-State. ... CORAM: U.D.SALVI, J. DATE : 12TH SEPTEMBER,2011 PER COURT : . Heard. Perused application and annexures thereto. Terna Agriculturist Co-Operative Sugar Factory Ltd. Ternanagar, District Osmanabad 2 Cri.A.924.11 lodged a private complaint being SCC No. 262 of 2001 under section 138 of the Negotiable Instruments Act and under section 420 of the Indian Penal Code 1860, against respondent- accused, in the Court of Chief Judicial Magistrate, Osmanabad. On verifying the complaint and documents annexed therewith, the learned Judicial Magistrate First Class, Osmanabad issued process under section 138 of the Negotiable Instruments Act, on 29.11.2001. 2. After considerable efforts to serve the summons on the accused, the summons was served on the accused some time in November, 2011 and accused appeared before the learned trial Court on 12.11.2010. Plea of the accused was recorded and the case was adjourned for evidence on 13.12.2010. On 13.12.2010 the complainant remained absent and consequently evidence was not led. The case was adjourned to 30.12.2010. On the adjourned date, the complainant remained absent and the impugned order of dismissal of the complaint came to be 3 Cri.A.924.11 passed. 3. Learned advocate for the applicant submitted that because of change in the management of the Sugar Factory, attendance on behalf of the complainant factory before the Court could not be arranged on the given dates. Opportunity to pursue its complaint on merits needs to be given. 4. Leave is granted. Admit. The matter is taken up for hearing and final disposal at the stage of admission. 5. The parties submit that the copies of the record annexed to the application are sufficient for the purpose of disposal of the application and appeal. The facts and circumstances justify interference in the impugned order of dismissal in default. The impugned order of dismissal in default is set aside subject to costs of Rs.1000/- (Rupees One Thousand). The applicant-appellant shall pay the costs to the respondent/accused. The 4 Cri.A.924.11 costs be deposited in the trial Court on or before 26.09.2011. 6. Learned Chief Judicial Magistrate, Osmanabad to try and dispose off the case on merits in accordance with law. Parties to appear before the Chief Judicial Magistrate, Osmanabad, on 26.09.2011. The applicant-appellant shall tender affidavit of examination-in-chief on the date of appearance with advance copy to other side. . The Application and Appeal stand disposed off accordingly. Sd/- [ U.D.SALVI J.] MTK