1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2223 OF 2009 M/s. Sopariwala Exports .. Applicant Vs. M/s. Sanvi Shipping Pvt. Ltd. & Ors. .. Respondents Mr. S. V. Marwadi i/b Shailesh Kantharia for the Applicant Mr. Shailesh More APP for the State CORAM : MRS. R. S. DALVI, J. DATE : 19th November, 2009. P.C.: 1. The complainant’s complaint under Section 138 of the Negotiable Instruments Act has been dismissed for default. The complainant has annexed the entire Roznama of the case from the year 2002. The complainant has been present in the Court of the learned Magistrate on as many as 24 occasions during the several years when the case remained on board. The complainant was absent on the last date of hearing though he had remained present on the earlier two dates also. Interest of justice demands that he be heard on merit. Notice has been issued upon respondent No.1 to 3. 2 They have been served by registered post. They have failed to appear. Leave to appeal is granted. 2. Since only the question of dismissal of the case under Sections 309 and 256 of the Code of Criminal Procedure is to be considered, the applicant shall once again serve notice upon the respondents stating that the appeal shall be taken up for final hearing. The notice shall be served by registered post, UPC and personal service. The notice is made returnable on 9th December, 2009 at 3.00 pm. (R. S. DALVI, J.)