16-alp-85-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 85 OF 2017 (Leave to file appeal) Ashok Ramchandra Jagtap … Applicant vs. Vishwanath Yadavrao Birajdar and Anr … Respondents Mr. Dhananjay K. Bhosale a/w. Mr. Vikas J. Wagh i/b. Mr. Shreeram Choudhary for Applicant. Mr. A.S. Gawai, APP for Respondent-State. CORAM : GAURI GODSE, J. DATED : 17th OCTOBER 2025 ORDER: 1. This application is filed under Section 378(a) of the Criminal Procedure Code (‘Cr. PC’) by the original complainant to challenge the order dated 14th November 2016, by which the learned Magistrate has dismissed the complaint and acquitted the accused. Learned counsel for the applicant submits that on various earlier dates, the matter was listed and adjourned for the report of the non- bailable warrant issued to the accused. He submits that it was only the last three dates that the applicant and his advocate were unable to remain present. He therefore submits that the applicant be granted a fair chance to prosecute the complaint by setting aside the order dismissing the complaint. Page no. 1 of 2 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.10.18 16:29:21 +0530 16-alp-85-2017.doc 2. I have perused the application. I have carefully gone through the roznama annexed to the application. The complaint was listed on 21st July 2015, for the report of the non bailable warrant. Thereafter, on 13th September 2016 and 24th September 2016, the complaint was adjourned as the complainant and his advocate were absent. On the day when the complaint was dismissed i.e., on 14th November 2016, also the complainant and his advocate were absent. The application is dismissed by recording that the complainant was regularly absent since, 2013 and no steps have been taken thereafter. After 21st July 2015, there is no entry made in the roznama that it was adjourned for the report of the non bailable warrant. 3. Thus, I do not see any reason for the complainant not to proceed with the complaint by leading evidence. The present application is bereft of any explanation for not taking any steps from 13th September 2016 to proceed with the complaint. In the absence of any justifiable ground for not proceeding with the complaint at least on last three dates, I do not see any reason to grant leave as prayed. 4. The application is therefore dismissed. (GAURI GODSE, J.) Page no. 2 of 2