/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.66 OF 2008 M/s. Rishi Constructions ...Applicant Vs. Shri Manoj Kumar S. Mali & Ors. ...Respondents --- J.B. Kotecha for Applicants Shri D.P. Adsule APP for State ---- CORAM: V.M. KANADE J. DATED 20TH OCTOBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. None appears on behalf of the Respondents. The Applicant is challenging the order dated 20.10.2007 passed by the Judicial Magistrate, First Class, Court Room No.5 was pleased to dismiss the complaint on account of non- appearance of the Complainant and his advocate by exercising the power vested in it under section 256 of the Code of Criminal Procedure. The learned Counsel appearing on behalf of the Applicant has produced the copy of the roznama. It is submitted that plea of the Accused was recorded on 1.10.2007. He submitted that on the next date i.e. on 22.10.2007, the Complainant could not remain present, since he was required to go to his doctor and he was taking treatment for his left elbow amputation on account of permanent physical impairment. The learned Counsel for the Applicant / 2 / has produced on record the xerox copy of the certificate of the Medical Board issued by B.J. Medical College & Sassoon General Hospital 2. In my view , the impugned order is, therefore, liable to be set aside. The presence of the Complainant on the said date was not necessary. Plea of the Accused had been recorded on the earlier record on 1.10.2007. Perusal of the Roznama indicates that the Complainant has remained present almost all the dates. The impugned order, therefore, is set aside. The Criminal case is restored to the file. Appeal is accordingly, allowed. Hearing of the criminal case is expedited. V.M. KANADE J.