1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO.372 OF 2007 Vinaykumar Shantaram Tendulkar ....Appellant. V/s Subhash Saklecha & Ors. ..... Respondents. ------------------------------------------------------------------------------------- ----------- Office Notes, Office Memorandum Court’s or Judge’s orders. of Coram, appearances, Court’s orders or directions and Registrars orders. ------------------------------------------------------------------------------------- ----------- Mr. Gajendra Jadhav for the appellant. None for Respondent Nos. 1 and 2. Mr. Y.M. Nakhwa, APP for Respondent No. 3 - State. CORAM: V.M. KANADE, J. DATE : 7th August, 2007 P.C.: 1. The learned Counsel appearing on behalf of the appellant submits that the respondent Nos. 1 and 2 have been served. 2 2. None appears on behalf of respondent Nos. 1 and 2, though they are served. 3. Appellant is challenging the order passed by the Metropolitan Magistrate 14 th Court, Girgaum, Mumbai whereby the complaint filed by the appellant is dismissed in default. 4. I have perused the impugned order. No reasons have been given by the learned Magistrate while dismissing the complaint. The roznama indicates that, in fact, the accused remained absent on number of dates. The impugned order is set aside. The criminal complaint is restored to the file. Appeal is allowed in terms of prayer clause (c). Trial Court is directed to decide the criminal complaint as expeditiously as possible. 5. Appeal is disposed of in the above terms. 3 (V. M. KANADE, J.)