1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.568/2008 M/s. Wankhede Transport, Proprietor Diwakar s/o Nilkanth Wankhede ...Versus... M/s. Victor Erectors Proprietor, Shri P.B. Sharma -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri N.N. Motghare, Adv. for appellant] [Shri V.B. Palorkar, Adv. for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 19.03.2009 Not on board. Taken up for final disposal. Learned Counsel for non-applicant does not wish to give consent for final disposal. Looking to the impugned order and the subject matter of the appeal, I find that the appeal cannot be kept pending merely because the learned Counsel for the non-applicant is not willing to give consent for final disposal. Perusal of the impugned order shows that the complaint was dismissed since the complainant was absent before the Court. The reason that is furnished in 2 paragraph No.10 of the appeal is that the complainant/appellant was not attending the matter regularly, but relied on his Counsel that he will attend the case and inform him, but that did not happen and therefore, he could not attend the Court. This reason is within the special knowledge of the complainant/appellant to which there cannot be any reply from the non-applicant. Be that as it may since the complaint was not decided on merits and the cheque is only of Rs.30,000/- and the criminal case is of the year 2000, it would be appropriate to give one more opportunity to the complainant/appellant to prosecute his case, which shall be a last chance. Hence, I make the following order. Criminal Appeal is allowed. The impugned order is set aside. The complainant/appellant to appear before the trial Court in Criminal Case No.44/2000 on 8.4.2009 at 11:00 a.m.. The non-applicant may if so chooses enter his appearance on that date. It is made clear that on 8.4.2009 the complainant/appellant if remains absent, the Court shall dismiss his complaint. The complaint being of the year 2000, the trial Court is expected to decide the case as expeditiously as possible and in any case within a period of one year from today. 3 Since the complainant/appellant is at fault, he shall pay costs of Rs.500/- (Rupees Five Hundred Only) to the non-applicant as a condition precedent for remand of this matter. Criminal Appeal is disposed of. JUDGE ssw