APEAL.250-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 250 OF 2001 Ramesh Pukharaj Kothariya ...Appellant Vs. Suresh Kanha Naik & Anr. ...Respondents *** Mr. Ganesh Gole, for the Appellant. Mr. Ganesh Bhujbal i/b Prakash Naik, for Respondent No.1. Mr. A. S. Shitole, APP for the Respondent-State *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 6, 2010 P.C. 1. By this appeal, the judgment and order of the Sessions Court dated 4-11-1999 is challenged. This appeal is filed by the original complainant, who filed the complaint under S. 138 of the Negotiable Instruments Act and the process was issued against the respondent. Thereafter the matter was pending in the trial Court. However, it appears that as complainant did not remain present, the complaint was dismissed by the trial Court on 1-6-1999. APEAL.250-10 - 2 - 2. I have perused the order of the learned Magistrate. The revision filed against the order of the learned Magistrate was rightly dismissed on the ground of non maintainability. I have also perused the roznama. The complainant had remained absent on number of days and therefore, the Court had no other alternative but to exercise its discretion under S. 256 Cr.P.C. to dismiss the complaint. More than ten years have passed after the order of acquittal is passed. Hence, no case is made out for interference in the impugned order. The criminal appeal is therefore, dismissed. [ V. M. KANADE J.]