1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO. 4560 OF 2006 IN CRIMINAL APPEAL NO. 1423/SS/2005 M/s National Small Industries Corporation ...Applicant Versus Shri Kamlakar Eknath Rao & Anr. ..Respondents. --- Ms. Sonali Shinde i/b M/s Consulta Juris, for the Applicant. Mrs. A.A. Mane, APP for the State. --- CORAM : SMT.ROSHAN DALVI, J. DATED : 25TH NOVEMBER, 2009 P.C.: 1. This is an application for leave to appeal challenging the judgment of learned Metropolitan Magistrate, Mazgaon. The application of the complainant under section 138 of the Negotiable Instructions Act was dismissed for want of prosecution as the complainant did not produce his affidavit of examination-in-chief and documents. The said order of 2 dismissal is challenged. 2. The complainant has produced the documents that he seeks to rely upon before this court. The complainant has also produced the draft of his affidavit of examination-in-chief. 3. Notice has been served upon Respondent No.1 by Registered Post. However, Respondent No.1 has failed to appear. Leave to appeal is granted. Appeal shall be kept on board for final hearing on 10th December 2009.The applicant shall once again give notice to Respondent No.1 by Registered Post and Under Certificate of Posting. Notice shall state that the appeal shall be taken up for hearing. Call for Records and Proceedings. (SMT.ROSHAN DALVI, J.) 3