(1) CRI.WP. 770.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 770 OF 2010 Rajendra S/o Jagannath Dagadkhair .. Petitioner VERSUS Murlidhar S/o Bhaguji Gite and others .. Respondents Mr. A.P. Avhad, Advocate h/f. Mr. K.D. Bade Patil, Advcoate for the Petitioner ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH AUGUST, 2010 ORAL ORDER:- 1. By this Petition, the petitioner challenges order rendered by the learned Judicial Magistrate on 5.8.2010 below application (Exh.120) in Summary Case no. 303 of 2003 whereby permission to deposit the witness bhatta came to be denied. 2. Heard learned counsel. The petitioner is original complainant. He filed private complaint case (SCC no.303 of 2003). It appears that the complaint was filed on 8.8.2003. The learned Judicial Magistrate issued process for offence under (2) CRI.WP. 770.2010 section 323, 504 and 506 of the Indian Penal Code. The plea of accused was recorded on 7.11.2003. They pleaded not guilty to the charge levelled against them. Thereafter on 14.11.2003 the Summary Case was fixed for hearing and application was filed by the petitioner (complainant) to grant time to lead evidence, that was granted. It appears that since then no effective steps were taken by the petitioner and the hearing of the Summary case no. 303 of 2003 was protracted from time to time. Counsel for the petitioner would submit that many times the respondents were absent and, therefore, the matter was adjourned. It may be true that on many dates adjournment was granted due to the default committed by the respondents. It does not, however, given any benefit to the petitioner. The private complaint is pending since 2003 till the date and the petitioner did not take effective steps for the purpose of service of summons on the witness. 3. Under the circumstances, the learned Magistrate was right while dismissing the application (3) CRI.WP. 770.2010 which did not reflect satisfactory reason for non- depositing of the bhatta. No substance in the Petition. Hence, the Petition is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp