IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 196 OF 2009 IN STAMP NUMBER MAIN NO. 1851 OF 2009 VPK URBAN CO-OPERATIVE BANK CREDIT SOCIETY LIMITED THROUGH LEGAL OFFICER RATNA S. S. AMONKAR ... Applicant Versus SHI. GIRISH ANANT VENGURLEKAR AND ANR., ... Respondents Mr. D. Pangam, Advocate for the applicant. Mr. A.D. Bhobe, Advocate for the respondents. Coram:- N. A. BRITTO, J. Date:- 7th October, 2009 P.C. Heard learned counsel on behalf of both the parties. 2. The applicant herein was the complainant before the learned trial Court. The complaint was taken up on 2.4.2009 when it was found that accused was not served and complainant was required to take further steps regarding service to the accused. 3. The complaint was taken up on 18.4.2009 and as complainant nor the complainant's Advocate was present, that complaint came to be dismissed. 4. On behalf of the complainant copy of the diary of the Advocate appearing on behalf of the complainant has been produced. Counsel on behalf of complainant submitted that complainant's Advocate had taken the date as 21.4.2009. This submission is as per the copy of the diary produced on record. It appears that complainant did not appear on 18.4.2009 because the complainant had taken the next date as 21.4.2009. In the circumstance, therefore, the dismissal of the complaint and/or consequent acquittal of the accused under section 138 of Negotiable Instruments Act 1881 is hereby set aside and complaint is restored to file. 5. Both the parties are hereby directed to appear before Learned Magistrate on 3.11.2009 at 10.a.m. The complaint to proceed in accordance with law. Proceedings closed. N. A. BRITTO, J. vn