IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 201 OF 2009 Priti Vyas .....Appellant/Orig.Complainant V/s. State of Maharashtra & anr. .....Respondents ======= Ms.Shilpa Kapil, adv.for appellant. Mr.S.R.Shinde, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 29TH JULY, 2009. P.C. :- 1. This Criminal Appeal arises out of the order dated 6th May, 2006 by which the learned Metropolitan Magistrate dismissed the complaint of the applicant filed under Section 138 of the Negotiable Instruments Act on account of failure on the part of the appellant in taking steps for service. 2. Ms.Kapil, the learned counsel for the appellant submits that the warrant referred to in the impugned order was issued by the learned Magistrate on 23rd January, 2006 which was subsequently got cancelled by the accused. Around that time, the legal officer of the appellant company had made plans to resign from the company and did not attend to the matter on three dates i.e. on 3.4.2006, 7.4.2006 and 6.5.2006. She also did not inform anybody in the office about the dates of the matter. Consequently, the matter was not attended to and got dismissed. The notice of the application is served upon the State and respondent no.2. Despite service, respondent no.2 is absent. 3. The circumstances set out require that the impugned order is set aside, so as to give an opportunity to the appellant to have the complaint heard on merits. Hence, the appeal is allowed. The impugned order dated 6th May, 2006 is set aside and C.C.No.616/SS/2005 is restored to filed. [SMT.R.P.SONDURBALDOTA, J]