IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 30 OF 2008 IN STAMP NUMBER MAIN NO. 424 OF 2008 NEW WAVE REAL ESTATE PRIVATE LIMITED THROUGH MANAGING DIRECTOR ELOY GONSALVES ... Applicant Versus MR. AJIT BOTHARA ... Respondent Mr. Valmiki Menezes, Advocate for the Applicant. Mr. D. Patkar, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 14th July, 2008 P.C.: Heard learned Counsel on behalf of both parties. 2. It appears that after the complainant led his evidence, the complainant was allowed to reopen the same by order dated 13/10/2006 and after that the complainant was granted adjournments at least on five occasions. Thereafter, when the case was called on 16/08/2007, both the parties were absent and the accused was issued a NBW. On 20/09/2007, the complainant was absent, so also the accused, as well as the Presiding Officer of the Court. On 18/10/2007, the complainant was again granted exemption as the complainant was hospitalized. It is the case of the complainant that on 18/10/2007, the complainant had taken the date as 14/12/2007 at 2.30, but in the morning session on 14/12/2007, in view of the absence of the complainant and complainant's advocate, the case of the complainant came to be closed and accused acquitted under Section 138 of the Negotiable Instruments Act, 1881. 3. If the complainant did not appear on 14/12/2007 at 10.00, it was because the complainant and his advocate had taken the time as 2.30 p.m. Considering the facts of the case, in my view, the acquittal of the accused was not justified. Consequently, the same is hereby set aside. The complaint is restored to file and the learned JMFC is directed to proceed with the matter, in accordance with law. Both the parties to appear before the learned Magistrate on 12/08/2008 at 10.00 a.m. N. A. BRITTO, J. NH