1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO.175 OF 2010 IN CRIMINAL APPEAL NO.45 OF 2010 MRS. C.S.USHA KRISHNAMURTHY …. Appellant V/S THE CURTI KHANDEPARKAR URBAN COOP. CREDIT SOCIETY AND 3 ORS. …. Respondents Mr. P.A. Kholkar, Advocate for the Appellant. Mr. A.D. Bhobe, Advocate for Respondent No.2. CORAM : N.A. BRITTO, J. DATE : 24/08/2010 P.C.: Heard Shri Kholkar the learned Counsel on behalf of the appellant/complainant and Shri Bhobe on behalf of respondent no.2/accused. Respondents nos.1 and 3 are duly served, but have chosen to remain absent. 2. The complaint filed by the present appellant came to be dismissed by order dated 3/07/2009. The complainant appeared before the learned Magistrate on 10/07/2009 and filed an application stating that the case was wrongly taken on 29/06/2009 and that could be confirmed from the fact that none of the accused were also present before that Court. It was stated that the case was wrongly taken on the Board on 29/06/2009 when the complainant had taken the date as 10/07/2009. The application filed on behalf of the complainant came to be dismissed by 2 the learned Magistrate observing that the Court had no powers to restore the criminal case to file. Hence, the complainant has filed the present application for leave to appeal. In support of the application, an affidavit has been filed of advocate Samant, who was appearing on behalf of the complainant. The fact stated by the applicant, and his advocate are not been contested by respondent no.2, who has appeared before this Court. 3. Considering that there was a mistake on the part of the learned Magistrate in taking up the case on 29/06/2009, when the given date was 10/07/2009, the dismissal of the complaint is bound to be set aside. No one should suffer for mistake of the Court. Consequently, the application is allowed, the appeal against the acquittal is also allowed. The order dated 3/07/2009 of the learned Magistrate is hereby set aside and the complaint case restored to file. Both the parties are hereby directed to appear before the learned Magistrate on 7/09/2010 at 10.00 a.m. for further proceedings. N.A. BRITTO, J. NH/-