1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR APPA NO. 367 OF 2010 Swami Vivekanand Coop. Housing Society Achalpur VS. Asif Ekbal Jafar Ekbal Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri M. N. Motghare Adv for applicant. CORAM: M. N. GILANI J. Dated: 6 th JUNE, 2011. . This is an application under Section 378(4) of the Criminal Procedure Code seeking leave to appeal against the order of acquittal passed by 3rd Joint Civil Judge Junior Division, Achalpur in Complaint Case No. 345 of 1995. Order of acquittal is presumably passed under Section 256 of Criminal Procedure Code stating that the complainant and his counsel failed to take steps to secure attendance of the accused. Learned Magistrate recorded reasons that the complainant is not interested in proceeding with the matter. The learned counsel for the applicant produced the certified copy of the Roznama in Criminal Case No. 345 of 1995. It seems that the 2 case is of more than one and half decade old. Roznama reveals that after filing of the complaint in the year 1995, on number of occasions requests for summons and thereafter for issue of bailable warrants were made by the complainant. Warrants which were issued were never executed. Even for effecting the service of summons the complainant was required to undergo strenuous exercise of applying for summons and paying the process fee during the period from 1995 to 1999. Despite the service of summons the accused did not appear. From 1999 to 2009 warrants issued on many occasions returned un-executed. Counsel for the complainant used to attend the Court, of course, on few dates he has been shown absent. In this view of the matter a conclusion drawn by the learned Magistrate that complainant is not interested in proceeding with the matter needs scrutiny. Consequently, this Court is of the view that the applicant has made out a case for granting leave to file an appeal. Application for leave to file appeal is thus allowed. Admit. Action under Section 390 of Criminal Procedure Code. Issue bailable warrant in the sum of Rs. 3000/- (Rs. Three Thousand only). JUDGE svk 3 4 5 6