IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1592 of 2008 In Criminal Appeal No.207 of 2008 (M/s. Nagpur Foundaries Limited and another v. M/s. Unique Nursery and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Ms Rajeshree Dewani, Advocate for Applicants. Shri O.D. Kakde, APP for Non-Applicant No.2. Coram : R.C. Chavan, J. Dated : 16th January, 2009 By order dated 24-6-2008, this Court had directed that a common notice be issued to the non- applicants to show cause as to why by granting leave and taking up the appeal for hearing forthwith, Criminal Complaint Summary Case No.368 of 2005 (new) – 945 of 2003 (old) should not be restored for hearing and disposal according to law, returnable on 5-8-2008. This notice has been served. However, the original accused/non-applicant No.1 has not cared to appear. In view of this, it is presumed that non- applicant No.1 has no objection to the appeal being entertained and allowed. I have heard the learned counsel for the applicants and have also gone through the copy of roznama of proceedings filed on record. The course adopted by the learned counsel for the applicants before the Trial Court is not being approved by this appeal being allowed and the matter being restored. It is emphasized that the counsel should make it a point to appear before the Court when the matter is called out and not according to their convenience, howsoever busy they may be, irrespective of the fact whether it is a Court of Judicial Magistrate First Class or a High Court. If there is any grievance about the matters not being called serially or being taken up by the learned Magistrate in a random manner, the counsel can always bring it to the notice of the Sessions Judge, who will take care of it. In view of this, leave to file appeal is granted. Appeal is admitted. Since no R & P is required, the impugned order is set aside. The complaint is restored to file for being dealt with in accordance with law. Judge. pdl