21-ALP-33-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 33 OF 2025 Ms Privi Life Sciences Pvt Ltd Through Its Authorised Representative Vicky Ramesh Nichani ...Applicant Versus Ms Bhagylaxmi Agro Services and Ors. ...Respondents **** Mr. Irfan A. Shaikh for the Applicant. Ms. Manisha Tidke, APP for Respondent/State. None for Respondent Nos.1 and 2. **** CORAM : M.M. SATHAYE, J. DATE : 31st JULY, 2026 P.C. : 1. Heard learned Counsel for the Applicant. 2. Nobody appears for the Respondent despite service. Office notes indicates that both Respondent Nos. 1 and 2 are served. 3. The application is filed by the complainant seeking leave to file appeal against an order dated 27.12.2024 passed by 4th Joint Civil Judge, Junior Division and Judicial Magistrate First Class,Belapur, Navi Mumbai District Thane below Exh.1 in S.C.C. No. 61 of 2021. By the said order, the complaint filed by the Applicant under Section 138 of the Negotiable Instruments Act, 1881 is dismissed for non prosecution, in result, discharging the Respondent / accused from the offence. 4. Learned Counsel for the Applicant, inviting this Court’s attention to roznama as well as a copy of affidavit of examination in chief submitted that the Applicant was diligently prosecuting the said case and the reason in the impugned order is contrary to the record. He submitted that Respondent accused appeared in the Court and filed Sneha Chavan 1 SNEHA NITIN CHAVAN Digitally signed by SNEHA NITIN CHAVAN Date: 2026.07.31 19:38:55 +0530 21-ALP-33-2025.doc application for cancellation of warrant / filing P.R. bond, when the matter was placed for recording plea of the accused, the accused did not appear. 5. None appears for Respondent Nos. 1 and 2 accused. 6. It is seen from the record produced before this Court that the affidavit of examination in chief of the complainant was recorded below Exh. 6 on 15.12.2021 and therefore the observations in the impugned order is actually incorrect about non filing of affidavit of examination- in-chief. So also, perusal of the roznama indicates that from December 2022 till June 2024, the complainant or his Advocate was diligently prosecuting the matter. On two occasions of October 2024 and November 2024, the complainant and his Advocate were absent. However, in December 2024, the impugned order is passed dismissing the complaint for non prosecution. 7. Considering the above, case for grant of leave is made out. The application is allowed. The Applicant is permitted to file appeal challenging the order dated 27.12.2024. 8. Appeal is admitted. Learned APP waives service. 9. Liberty to move the appeal for final disposal. (M.M. SATHAYE, J.) Sneha Chavan 2