(1) Cri. Application No. 5385 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 5385 of 2010 Sayyad Shere Ahemad Sayyad Ahemad, Age : 62 years, Occupation : Agriculture and Business, R/o. Sillod, Taluka : Sillod, District : Aurangabad. .. Applicant. versus 1. The State of Maharashtra. 2. Karim Shah Maheboob Shah, Age : 40 years, Occupation : Service, R/o. Chincholi (Limbachi), Taluka : Kannad, District : Aurangabad. .. Respondents. ....................... Mr. S.R. Sapkal, Advocate, holding for Mr. V.D. Sapkal, Advocate, for the applicant. Mr. S.N. Kendre, Additional Public Prosecutor, for respondent no.1. Mr. S.P. Tilve, Advocate, for respondent no.2 (Absent). ........................ (2) Cri. Application No. 5385 of 2010 CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH NOVEMBER 2011 COURT'S ORDER : 1. Heard learned Counsel for the applicant and the learned APP for respondent no.1 / State. None present for respondent no.2 when the matter is called out. 2. This is an application preferred by the applicant (original complainant) seeking leave to file appeal challenging the order dated 19-11-2010, passed by the learned Judicial Magistrate (First Class), Sillod, in Criminal Case No. 1505/2008, thereby dismissing the said complaint for non-appearance of the complainant. 3. It is canvassed that the said case was transferred from regular court to evening court, of which the complainant had no knowledge, which resulted into non-appearance before the said court, and consequently, culminated into dismissal of the said complaint due to non-appearance of the complainant. 4. Apparently, the said dismissal appears to be a (3) Cri. Application No. 5385 of 2010 technical dismissal due to non-appearance of the complainant. Hence, opportunity is required to be given to the complainant, in the interest of justice, and therefore, present Application is allowed, and leave to file appeal is granted. Present Application be treated as Criminal Appeal. 5. Admit. 6. Learned APP accepts service of notice for respondent no.1, after admission. 7. Action under Section 390 of the Code of Criminal Procedure, 1973, against respondent no.2, to follow. 8. Record and proceedings be sent to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka5385