1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 405 OF 2009 Machhindra R. Khawale ...Appellant vs. M/s. Ratana Trading Pickshow Business Center and Ors. ...Respondents ----- Mr.Prashant Jadhav for Appellant Mrs.R.V. Newton -APP for State ----- CORAM: V.M. KANADE J. DATED: 21ST APRIL, 2010 P.C. 1. Heard the learned Counsel apeparing on behalf of the Appellant. None appears on behalf of the Respndent nos.1 and 2, though they were served. 2. The Appellant is the original complaint, is challenging the order passed by the Learned Magistrate, who has dismissed the complaint in default for non-payment of process fee within the reasonable period given by the Learned Magistrate. 3. The learned Counsel for the Appellant has invited my attention to the Roznama. He submitted that on two 1 occasions summons was issued. He submitted that almost from 27.6.2007 to 11.9.2008, the Court was vacant and, therefore, the board was discharged on various dates. The Appellant had taken adequate steps to serve the Accused, however, he had deliberately avoided service of the summons. 4. In my view, the Learned Magistrate ought to have taken into consideration this fact and should have given one more opportunity to the Complainant. The impugned order which is passed under section 256 of the Cr.p.c. is quashed and set aside. The complaint is restored to the file. 5. Appeal is allowed and disposed of. (V.M. KANADE J.)