1 APPLN-4563-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4563 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Shri Vitthal Sadashiv pawar ... Applicant (Orig.complainant) vs. 1. Shri Vijay Vasant Potdar ) 2. The State of Maharashtra ). Respondents (No.1 – orig. accused) Mr. Manoj Patil, i/b. Pratap Patil,Advocate, for the applicant. Mrs. G.P.Mulekar, APP for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 12th October, 2011. P.C. 1. Heard the learned Counsel for the applicant. 2. The applicant, who is original complainant, seeks leave to prefer appeal against the order of dismissal of the complaint under Section 256 of Cr.P.C. The complaint was filed by the complainant under Sec. 138 of Negotiation Insttruments Act. The order dated 31.7.2010 passed by the learned Magistrate shows that as per the record and the Roznama, the complainant was absent since 2 APPLN-4563-10.sxw long. No steps were being taken for proceeding with the mater inspite of granting sufficient opportunity. On that day, the complainant and his Advocate were also absent. Therefore, the complaint came to be dismissed under Sec.256. With this application, the complainant has not produced copy of the Roznama to show that the observations made by the learned Magistrate are not correct. If the complainant and his advocate remained absent and inspite of getting sufficient opportunities they do not proceed with the matter, there is nothing wrong in dismissal of the complaint under Sec. 256 of Cr.P.C. 3. Therefore, leave to prefer appeal is refused. Applications stands rejected. (J.H.BHATIA,J.)