1 appln 4703 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4703 OF 2010 M/s SES Technologies Ltd .. Applicant -versus Raman Maheshwari and anr .. Respondents. Mr. Gaurav Agarwal, for the Applicant. Mr. M. L. Chaturvedi, for respondent N.1. Mrs U. V. Kejariwal, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 17th June, 2011 P.C. 1. This is an application for leave to file appeal against the order passed by the learned Metropolitan Magistrate on 23rd July, 2010, dismissing the complaint under section 256 of the Code of Criminal Procedure, 1908 . The learned Magistrate has observed in the order that the complainant WAS absent, but the roznama of the same date shows the complainant marked as present. Advocate was absent. If the complainant was present there could be no question of dismissal of the complaint under Section 256 of the Code of Criminal Procedure . Learned Counsel for the respondent submits that the complaint is in fact false and frivolous and accused is unnecessarily required to come from Kanpur to attend to this proceeding. But all the same the order itself shows that it was 2 appln 4703 of 2010 passed when the complainant was present. The complaint could not have been dismissed under Section 256 of the Criminal Procedure Code. Hence the order would have to be set aside. Therefore, the appeal is allowed. The order dated 26th July, 2010 is set aside and the learned Magistrate shall expedite the hearing of the complaint ensuring that the respondent accused is required to attend the court on minimum number of occasions preferably not more than three occasions after the complaint is taken up for hearing. 2. The parties shall appear before the learned Magistrate on 15th July, 2011. (R. C. CHAVAN, J.)