IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.655 OF 2008 Ram Ujagir Ramshabda Pandey )..Appellant Versus Girish Panchal & Anr. )..Respondents ---- Mr.K.S.Patil i/by Prashant Badole for the appellant. Mr.Hiralal Chaturvedi i/by Chaturvedi & Chaturvedi for respondent no.1. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 10.9.2008. PC 1. Heard both sides. Admit. By consent, heard forthwith. 2. Leave has been granted earlier. This is a case where the complaint under Section 138 of Negotiable Instruments Act has been dismissed because the complainant and his Advocate were absent. The order was passed under Section 256 of Cr.P.C. The total amount of 2 cheques is only Rs.17,000/-. It is contended on behalf of the appellant (original complainant) that earlier the complainant did not remain present because there was a discharge application pending. On perusal of the roznama it is seen that the discharge application ultimately came to be decided on 15.10.2004 and the matter was : 2 : then adjourned to 21.11.2004. The next noting was on 24.1.2005 in which it was mentioned that the case was taken on board as 21.1.2005 was holiday. The matter has been then transferred to 6th Court, Mazgaon. Thereafter the complainant and his Advocate were absent on 2.3.2005 and 19.5.2006. The complaint was then dismissed on 21.2.2006. There appears to be some confusion in the roznama because when the matter was adjourned on 21.11.2004, the noting that case was taken on board as 21.1.2005 was holiday does not appear to make any sense. However, since the complainant has also been absent for 3 days, I am inclined to allow this appeal subject to payment of cost. Appeal is therefore, allowed subject to payment of cost of Rs.3000/-. Cost to be paid within a period of four weeks from today and the payment of cost is a condition precedent for allowing this appeal. Advocate for the respondent no.1 states that he will accept a cheque for the cost amount on behalf of his client. Payment to the Advocate will be a valid discharge. Appeal disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)