1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2942 OF 2008 Ashokkumar Mulchand Agrawal ... Applicant Vs. The State of Maharashtra and Anr ... Respondents Mr. Jayendra D. Khairnar for the Applicant Ms. Prerana Silimkar i/b. Mr. V.V. Gangure for R.No.2. Mr. S.A. Shaikh APP for the Respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 8th September, 2009. PC : 01. A criminal revision is filed against the order of dismissal of the complaint for non-prosecution by the original complainant i.e. the applicant. The learned JMFC, Malegaon has dismissed the complaint for default on 17.11.2007 as the complainant was absent on that day as also on the previous date i.e. on 12.11.2007. 2 02. Learned counsel appearing for the applicant submits that the complainant has remained present on all the previous dates. However, on 02.11.2007 was present. Application for seeking time to file affidavit was moved by the complainant, which is marked as Exhibit 19. However, the leg of the advocate appearing for the complainant was fractured on 2nd November, 2007. So he could not remain present on that day and on the next day and therefore the complainant did not get date and remained absent. Medical certificate from the Orthopedic Surgeon of the relevant dates shows the fracture of the leg of the advocate. 03. Perused previous roznama and the medical certificate dated 10.11.2007. Sufficient reasons are given to set aside the order passed by the learned JMFC, Malegaon. Hence, the following order :- 04. The order dated 17th November, 2007 of dismissal of the complaint is set aside. 3 05. The Summary Criminal Case No.1820 of 2006 is restored to file. (MRIDULA BHATKAR, J.)