1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3021 OF 2009 Udaykumar Kashinath Yadawad ..APPLICANT -VERSUS- Shaikh Firoz Yusuf ..RESPONDENT ......... Mr. A. N. Gaddime holding Mr. V. D. Gunale, advocate for applicant. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 31 st August, 2010. PER COURT : 1. Heard learned counsel. 2. Though notice is served, the respondent did not appear. 3. The applicant filed S.T.C.C. No.4335/2005 for the offence under Section 138 of the Negotiable Instruments Act. The complaint was dismissed in default due to his absence on 2.6.2009. The dismissal of the complaint is not on merits. There is prima facie evidence to show that the cheque issued by the respondent was dishonoured. 2 4. Considering these aspects, leave to appeal is granted. The criminal application is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/cri3021.09