1 APPLN 533 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.533 OF 2011. Shamsundar Appa Bhuran .. Applicant. -versus Ramchandra @ Ramji Sitaram Shirkar and anr .. Respondents. Mr. Nilesh Wable h/f Mr. Umesh Mankapure, for the applicant. Ms. R. M. Gadavi, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st November, 2011 P.C. 1. This is an application for leave to file appeal against dismissal of applicant's complaint on 30th June, 2009 for applicant's absence. By order dated 13th June, 2011, it was directed by this Court that the respondent No.1 be informed that the matter would be taken up for final hearing at the stage of admission since it was against the dismissal of the complaint. 2. This notice was served upon respondent, as per endorsement dated 24th August, 2011. None appears for the respondent No.1. Learned counsel for the applicant states that the applicant had been diligently prosecuting the case before the trial Court and has therefore, filed copy of roznama of proceedings which shows that even as late as 13th April, 2009, accused was absent and application for grant of 2 APPLN 533 OF 2011 personal exemption from appearance had been filed on behalf of the accused, which was allowed by the trial Court. Thereafter on 25th May,2009 the learned Magistrate had been deputed for training and the matter came up for hearing on 30th June, 2009 when it was dismissed. In view of this, it appears that only because of absence of complainant on 30.6.2009 the matter came to be dismissed. Therefore, for the reasons mentioned in the application, it is allowed. Leave granted. As already indicated appeal is taken up for final hearing. 3. For reasons already indicated the impugned order dated 30th June, 2009, passed by the learned Magistrate in Criminal Case No.1172 of 2007, is set aside on applicant's paying to the respondent a sum of Rs.1,000/- towards costs to be deposited before the trial Court, within a period of two weeks. If the costs are not so deposited the order shall stand revoked. If the costs are deposited, respondent shall be entitled to receive the same. 4. Application for leave and appeal are disposed of accordingly. (R. C. CHAVAN, J.)