1 appln 5425 of 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5425 OF 2009 Dr. Annasaheb Chougule Urban Co-op Bank Ltd. Peth Vadgaon .. Applicant. -versus Gagan Tourism Pvt.Ltd .. Respondent. Mr. Sameer S. Tambekar, for the Applicant. Mr. D.V. Sutar, for respondent No.1. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011 P.C. 1. This is an application for leave to file appeal against the order dated 19th September, 2009, passed by the learned Judicial Magistrate First Class, Kolhapur, dismissing the complaint for want of prosecution. Learned counsel for the applicant submits that the absence was not intentional and therefore leave be granted. 2. Since considerations for grant of leave would be the same for deciding the appeal itself on merits. By consent matter is taken up for final hearing at the admission stage itself. 3. Learned counsel for the applicant states that the applicant is urban Co-operative bank. The lapse in attending 2 appln 5425 of 2009 the matter before the trial Court was on account of amendment application which was dismissed by the trial Court on 4th June, 2009. It is not clear as to how the rejection of amendment application would justify the absence on the part of applicant or its advocate before the trial Court. All the same since the matter pertains to a cheque of Rs.1,44,000/- in favour of co-operative bank, a lapse on the part of bank or its advocate need not result in denial of an opportunity of hearing. Learned counsel for the respondent submits that the order itself shows that bank was habitually absent in the Court and has strong objection to the application as well as appeal being allowed. 4. Considering that the matter pertains to money to be recovered by a co-operative bank, for the reasons mentioned in the application, leave is granted and the appeal too is allowed for the foregoing reasons. The impugned order dated 19th September, 2009, passed by learned Judicial Magistrate First Class, Kolhapur in S.C.C.No.4531 of 2004, is set aside on applicant's paying to the respondent costs quantified at Rs. 5,000/- to be paid within a period of four weeks. If the costs are deposited before the learned Trial Court, within the stipulated period, the Summary Criminal Case No.4531 of 2004 shall stand restored. 3 appln 5425 of 2009 5. Application and the appeal are disposed of accordingly. (R. C. CHAVAN, J.)