1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.86/2010 (Girish Gangadharji Agrawal .vrs. State of Maharashtra and others) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. B.N. Mohta, Advocate for applicant, Mr. J.B. Jaiswal, APP for non-applicant no.1/State. .......... CORAM : P.D. KODE, J DATED : MARCH 23, 2011 Heard. None for existing non-applicant nos.2,4,7 & 8. By this application, the applicant/original complainant in Summary Criminal Case No. 11468/2001 of the Court of 4th Judicial Magistrate First Class, Akola, has sought leave to prefer an appeal against the judgment and order dated 28.2.2003 recorded in the said case dismissing the complaint under section 204 (4) of Cr.P.C. for non payment of the process fee and acquitting the non-applicants i.e. the accused in the said case for commission of offence under Section 138 of the Negotiable Instruments Act, for which the said case was instituted The non-applicant nos.2, 4, 7 and 8 though served have not appeared in the matter. The matters recorded in the order sheet of the said case, to which attention is invited by the learned counsel for the applicant, reveals that the said case was fixed for return of summons up till 9.1.2002, 13.2.2002, 2 18.3.2002 and so also on 16.4.2002; however, thereafter suddenly the record was made on 15.6.2002 to the effect that summons not received back, process not paid. Similarly the same further reveals thereafter amongst other record being made on further dates of process being not paid, put for orders, process fee not paid, fixed for steps etc. and ultimately the case was dismissed u/s 204(4) of Cr.P.C. Having regard to the same, the submission canvassed that in spite of the process fee being paid and summonses having not returned, the case was erroneously dismissed will be required to be examined in the light of the record of the said case. Such examination would be necessary as it is difficult to perceive that the complainant would have allowed such a matters involving stakes of Rs.7,50,000/- to go by default. Thus, the applicant has made out a case for granting leave. Leave granted. The application stands disposed of. Criminal Appeal No. /2011 Heard. Admit. Call for R & P. List the appeal for final hearing as per its turn. JUDGE Gulande