1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 3367 of 2009 Dulichand s/o Gopichand Bagade Applicant Versus Vinaykumar s/o Gulab Gedam and another Respondents ... Mr. K. C. Sant, Advocate for the applicant Mr. H.M. Salve, Advocate for respondent No.1 Mr. V.D. Rakh, A.P.P. for respondent No.2/State ... CORAM : A.V. NIRGUDE, J. DATE : 29th March, 2010 PER COURT : 1. Heard. 2. The applicant seeks special leave to file the appeal against the order of acquittal recorded by the learned Magistrate in private criminal complaint filed by the applicant. Admittedly, the case was kept for recording further evidence of complainant on 7th May, 2009, but both the complainant and his Advocate remained absent on that day and matter was then adjourned to 8th May, 2009 for recording statement of accused under Section 313 of Code of Criminal Procedure. Even on that day also the complainant and his Advocate remained absent. Thereafter, the case was adjourned for Judgment on 18th May, 2009. Even on that day, the complainant and his Advocate remained absent. The complainant and his Advocate thus wasted their opportunity to 2 revive the case between 7th May, 2009 to 17th May, 2009. If they were unable to take necessary steps, there is no question of giving them fresh opportunity. This is a criminal case and the prosecution must be vigilant and punctual, and if they are found lax, the Court would proceed with the case. There is nothing on record to warrant special leave for filing of appeal. 3. The Criminal Application stands dismissed. [ A. V. NIRGUDE, J. ] srm/criapln3367.09