IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1525 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Mr.Siddheshwar C. Tavkari .. Applicant V/s. Mrs.Lilavati Laxman Bangarelu & Anr. .. Respondent Mr.Mandar Soman for T.D.Deshmukh for the Applicant. Mr.R.S.Alange for Respondent No.1. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 29th , 2009. P.C. Heard rival submission for some time. 2. It is the application for leave to prefer an appeal against the order of acquittal passed by the Chief Judicial Magistrate, Solapur dated 16th October, 2007. By the said impugned order, the complaint filed by the applicant original complainant was dismissed for non 1 prosecution. Said order also speaks of earlier absence of complainant and after keeping the matter till 4.00 p.m. on the relevant date, it was dismissed and accused was acquitted. It is the order passed under the provisions of section 256 of Criminal Procedure Code. It is a matter of dishonour of cheque of Rs.1,50,000/- allegedly given by Respondent No.1 and it was dishonoured leading the filing of the compliant for taking action under section 138 of Negotiable Instruments Act. 3. Considering the above mentioned facts and still considering the absence of the applicant and also his advocate before the Trial Magistrate and considering the dismissal of the compliant for non attendance of the party, in the opinion of this Court, present matter is required to be disposed of at this stage itself after allowing the leave and also allowing the appeal for reminding the matter to the concerned Judicial Magistrate, Solapur. In the opinion of this Court, such orders can be passed on the condition of payment of some costs by the applicant with the office of Legal Services Authority of this Court. Hence, the order : :: O R D E R :: i. Leave is granted. 2 ii. Appeal is admitted and disposed of with the directions that the matter be sent to the learned Chief Judicial Magistrate, Solapur for deciding the case according to law after issuing notices to the rival parties. iii. The above order is passed on the condition precedent that the applicant shall deposit costs quantified to Rs.1,000/- with the Legal Services Authority of this Court within one week. On showing payment of such costs, the above order shall be effected. (A.R. JOSHI, J.) 3