1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1878 OF 2003 Sanjay s/o Jaskaran Jain .. APPLICANT VERSUS Laxman Hiralal Kadam & another .. RESPONDENTS Shri C.R. Deshpande, Advocate for the applicant. Shri S.V. Natu, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 15 th July, 2009. PER COURT : 1 Complaint under section 501 of the Indian Penal Code came to be presented by the applicant herein making allegations in respect of publication of defamatory material at the instance of accused. Initially, on presentation of the complaint, trial court directed issuance of process against the accused. On the date prescribed in the matter for recording of evidence, both the complainant and the accused were found absent. Trial court therefore had no other alternative than to dismiss the complaint. Order of dismissal of complaint passed on 18-12-2002 is subject matter of challenge in this petition. 2 Perused the complaint presented by the complainant herein as well as the impugned order passed by the trial court. Considering the nature of 2 allegations as well as considering the fact that the complainant has exhibited lethargy in prosecuting the complaint, interference need not be caused in the impugned order passed by the trial court. Application is devoid of substance. Hence, application seeking leave to file appeal against the order of acquittal recorded by the learned trial Judge on 18-12-2002 stands dismissed. Consequently, appeal also fails and stands dismissed. ( R. M. BORDE, J.) dyb/office/criappln1878.03.odt