1 1294.11 Cri.Appln. IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1294 OF 2011 Nagnath S/o Rajabhau Salunke ... APPLICANT VERSUS Prabhu S/o Rajabhau Salunke & Ors ... RESPONDENTS ..... Shri Shrikrishan S. Shinde, Advocate for applicant Shri R.P. Adgaonkar, Advocate for the respondent Nos. 1 to 4 ..... CORAM : U.D. SALVI, J. DATED : 21 st September, 2011. PER COURT : 1. Heard. Perused the application. 2. S.T.C.C. No. 1796/2009 was dismissed by learned Judicial Magistrate, First Class, Latur, for want of prosecution on 12-01-2011. The applicant (Original complainant) is an agriculturist, who could not reach the Court in first sitting as a result of his pre- occupation on his farm. However, it appears that, he appeared before the learned Judicial Magistrate, First Class, Latur, in second sitting on the same day and urged for restoration of the complaint. 2 1294.11 Cri.Appln. Lapse in attendance before the Court is not deliberate or intentional. Leave is granted. 3. Admit. Matter is taken up for final hearing and disposal by consent. 4. Considering the cause for the lapse in attendance before the trial Court, the complainant needs to be given a fair opportunity to pursue the complaint on merits. However, it is pointed out from the copies of rozanama that on prior occasions the applicant / complainant has remained absent. 5. Considering these facts and circumstances, the following oder is passed : ORDER A] The order of dismissal of complaint dated 12-01-2011 in S.T.C.C. No. 1796/2009 is set aside. B] S.T.C.C. No. 1796/2009 shall proceed in accordance with law. Parties shall appear before the learned Judicial Magistrate, First Class, Latur, on 3rd October, 2011. 3 1294.11 Cri.Appln. C] The applicant / complainant shall pay cost of Rs. 1,000/- (Rs. One thousand only) to the respondents. Cost shall be deposited in the trial Court on or before 3rd October, 2011. Criminal Application stands disposed off finally. ( U.D. SALVI, J. ) SDM* September-11