1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI. APPLICATION NO.4011 OF 2008 IN CRI. APPEAL NO.778 OF 2008. (DEEPAKRAO YADAVRAO GUDADHE VS. PRASHANT PREMSINGH KACHHWE.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri I.S. Charlewar, Advocate for applicant. Shri P. Kadu, Advocate for Respondent. CORAM : R.C.CHAVAN, J. DATED : APRIL 01, 2009. 1. This is an application for leave to file appeal against an order dismissing applicant's complaint in default by learned Judicial Magistrate First Class 6th Court, Amravati. 2. Notice was issued to respondent which has been served and he has filed reply. He has also filed extract of Roznama of the proceedings. It appears that after the applicant's evidence was closed, the Non-applicant accused filed an application to direct the applicant to produce books of accounts. This application was filed on 06.02.2008 and reply 2 was filed by the applicant thereon. Thereafter the applicant claims that he believed that the Court would pass orders and that his presence was not required and in this belief he remained absent. This belief was obviously erroneous. All the same, since complainant's evidence was already over it would have been appropriate for the Magistrate to decide the matter on merit rather than dismissing the complaint in default for complainant's absent. In view of this, leave granted. 3. The application is disposed of accordingly. CRI.APPEAL NO. 778/2008. 4. Heard. 5. ADMIT. 6. Taken up for final disposal forthwith by consent. 7. For the reasons recorded while passing order granting leave to file appeal, this appeal is allowed, subject to, however, costs of Rs.Three Thousand, to be paid to the Non- 3 applicant for dragging the non-applicant to this Court, for appellant's lapse. 8. Impugned order dated 26.08.2006 is quashed and set aside. The learned Magistrate shall decide the case on merits. Parties shall appear before him on 13.04.2009. 9. The costs shall be deposited before the trial Court by 13th April, 2009. If the costs are not deposited the order shall stand revoked. 10. When deposited, the learned Magistrate shall permit the Non-applicant to withdraw the costs. JUDGE RR.