(1) Criminal Application No. 1606 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 1606 of 2011 Shriram Transport Finance Company Ltd., Through Branch Manager, Shri Prasad s/o. Anantrao Joshi, Age : 31 years, Occupation : Service, R/o. D.C. Lodha Sankul, .. Applicant Jalna Road, Beed, District : Beed. (Original complainant) versus Manojkumar s/o. Motilal Bangad, Age : Major, Occupation : Business, R/o. Maheshwari Transport, New Mondha, Parli-Vaijnath, .. Respondent Taluka : Parli (V), District : Beed. (Original accused) ....................... Mr. S.G. Chapalgaonkar, Advocate, for the applicant. Respondent absent, although served. ........................ (2) Criminal Application No. 1606 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 11TH AUGUST 2011 COURT'S ORDER : 1. Heard learned Adv. Mr. S.G. Chapalgaonkar, for the applicant. Respondent absent, although served. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the order dated 10th February 2011, passed by the learned 7th Judicial Magistrate (First Class), Beed, thereby dismissing the complaint of the applicant under Section 256 of the Code of Criminal Procedure, 1973, and acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. Since the complaint has been dismissed due to absence of the complainant under Section 256 of the Code of Criminal Procedure, it is a technical dismissal and not dismissal on merits. Hence, leave to file appeal granted, and present application be treated as appeal. (3) Criminal Application No. 1606 of 2011 4. Admit. Hearing of the appeal stands expedited and paper book also stands dispensed with. 5. Issue notice to the respondent, after admission. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka1606