1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS APPLICATION NO. 54 OF 2009 with STAMP NUMBER MAIN NO. 3081 OF 2008 Mr. Nilesh Ramakant Kulkarni .... Applicant V/s Shri Anil Arobekar .... Respondent Mr. S. Samant, Advocate for the Applicant. CORAM : N.A. BRITTO, J. DATE : 2nd MARCH, 2009 ORAL ORDER : Heard Shri Samant on behalf of the applicant/Complainant. For the view which is being taken, notice to the respondent is dispensed with. 2. The Complainant had filed the complaint against the accused for an offence under Section 138 of the Negotiable Instruments Act, 1881. 3. As can be seen from the records produced on behalf of the Complainant, on 23/06/2008, process was ordered to be issued against the accused. On 11/07/2008, the message was received to the effect that the accused was not served and, as such, the learned JMFC directed re-issuance of summons to the accused, upon payment of process fees. Process fees remained without being paid till 6/08/2008 and on this day when the complaint was called out, it was found that the Complainant as well as the 2 Complaint's advocate were absent. Counsel on behalf of the Complainant submits that the Complainant's advocate reached late by about 15 minutes due to heavy rains and, in the meantime, the complaint got dismissed. Since the accused was not served at any time, and, accepting the facts stated on behalf of the Complainant, the dismissal order is hereby set aside and the complaint is restored to file. Complainant to pay process fees and remain present before the learned trial Court on 16/03/2009 at 10.00 a.m. N.A. BRITTO, J. NH/-