1 APPLN 2353 OF 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2353 OF 2009 IN CRIMINAL APPEAL NO. OF Popular Offset Printers .. Applicant. -versus The State of Maharashtra and others .. Respondents. Mr. Arvind Kumar i/b M/s Arvind Kumar & Co. for the applicant. Mrs. R. M. Gadvi, APP for the Respondent State. Ms. Pooja R Sawant h/f Mrs. Neeta V. Parikh for respondent No. 2. CORAM: R.C. CHAVAN, J. DATED: 21st November, 2011 P.C. 1. Pursuant to order dated 9th November, 2011, passed by this Court, this application for leave to file appeal against dismissal of the complaint for absence of complainant, is to be taken up for hearing alongwith the appeal. 2. It appears that the complainant was absent only on one date i.e. 16th December, 2008. Even the accused was also absent on the same day. In view of this leave is granted. By consent the appeal is taken up for final hearing forthwith since there is no question of calling record and proceeding. 3. Since the complaint was dismissed because of complainant's absence on 16th December, 2008 and since on that day even respondent-accused was absent, but since 2 APPLN 2353 OF 2009 respondent has been dragged to this Court because of complainant's mistake, this appeal is allowed subject to complainant's paying costs of Rs.500/-, within a period of one week. 4. The complainant shall deposit costs with the Registry of this Court, within a period of one week. On depositing the costs, the order dated 16th December, 2008, passed by the learned Metropolitan Magistrate, 14th Court in Criminal Complaint NO.1520/SS/05 will be set aside and the complaint will be restored to its file; as also the respondent would be at liberty to receive costs. If the costs are not deposited within a period of one week, the order shall stand revoked. 5. Application for leave and the appeal are disposed of accordingly. (R. C. CHAVAN, J.)