1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.3636 OF 2007 IN CRI.APPEAL NO.518 OF 2008.. (BHASKAR RAMCHANDRA ZINGARE Vs. HARI VISHNU PACKAGING LTD. & 2 OTH.) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri S.D.Malke, Advocate for Applicant. Shri S.S.Doifode, A.P.P. for respondent. CORAM : R.C.CHAVAN, J. DATED : JANUARY 06, 2008. 1. This is an application for leave to file appeal against judgment of acquittal rendered by the learned Judicial Magistrate First Class, Nagpur in Summary Criminal Case No.7926 of 2005. 2. Notice of this application was ordered to be issued to the Non-applicants / original accused, who have been duly served but have not cared to appear. 2 3. The learned counsel for the applicant states that since the case was transferred from one Court to another his client could not appear before the Court concerned to take steps in the matter which led to dismissal of the complaint in default and acquittal of the accused. 4. While the applicant cannot be excused for lack of diligence in prosecuting the complaint, since the Non-applicants did not appear and cared to contest the proceedings, it is presumed that they have no objection to grant leave to file appeal. 5. Hence, leave granted. The application is disposed of accordingly. CRI. APPEAL NO.518/2008. Heard. ADMIT. JUDGE RR.