1 Cri-A-75-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 75 OF 2011 IN CRIMMINAL APPEAL NO. OF 2011 Mr. Ashok B. Shah ... Applicant (Orig. complainat) vs. 1. Mr. Makarand A.Dandekar 2. The State of Maharashtra ... Respondents (No.1 orig. accused) Mr. H.H. Nagi, i/b. H.H.Nagi & Associates, Advocates, for the applicant. Mrs. S.V.Sonawane, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. Heard the learned Counsel for the applicant. None for the respondent No.1, though served. 2. The applicant is the original complainant. He filed complaint under Sec. 138 of the Negotiable Instruments Act which was pending before the Addl. C.M.M. On 15.11.2010, the complainant and his Advocate both were absent and as no steps were taken for execution of the N.B.W. against the accused, the complaint was dismissed and the accused was acquitted. 2 Cri-A-75-11.sxw 3. The learned Counsel for the complainant contends that almost on every date, the complainant and his Advocate were present and the accused was not available though after having secured bail, he had remained absent and bailable warrants and then non-bailable warrants were issued against him. The copy of the Roznama supports this contention. 4. In view of the above, leave granted. Appeal be registered. 5. In view of the facts noted above, in my opinion, it will be in the interest of justice to allow this Appeal and to remand the matter to the trial Court for fresh hearing and disposal as per law. 6. The Appeal is allowed. The impugned order of dismissal of complaint and acquittal of the accused is hereby set aside. Criminal Case No. 1617/SS/2006 is hereby remanded back to the file of the Addl. C.M.M. 28th court, Esplanade, Mumbai, for trial and disposal as per law. (J.H.BHATIA,J.)