JUDGMENT K.K. Sonawane, J. - Heard learned counsel for appearing parties. Perused the application and relevant documents on record. 2. Present application is filed seeking leave under section 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.) to present an appeal against order of acquittal of respondent - original accused dated 23-09-2013, passed by the learned Judicial Magistrate, First Class, Washi, in SCC No. 506 of 2008. 3. Learned counsel for the applicant submits that the applicant original complainant initiated the proceedings under section 138 of the Negotiable Instruments Act (for short "NI Act") against respondent accused. The learned counsel submits that affidavit by way of examination-in-chief was filed before the learned Magistrate, but, thereafter, the matter was adjourned time and again for cross examination on behalf of accused. Learned counsel for the applicant submits that representative of the applicant remained absent on the consecutive dates before the learned Magistrate, but absence was not intentional or deliberate. The matter pertains to dishonour of cheque under section 138 of NI Act. The complaint filed by applicant was dismissed for want of prosecution under section 256 of the Cr.P.C,, 1973 therefore, learned counsel requested to grant leave to present an appeal against impugned order of the dismissal of the complaint under sections 256 of the Cr.P.C., 1973 passed by learned Magistrate. 4. Learned counsel for respondent-accused raised objection and submits that proceeding was initiated in the year 2008, thereafter, there was no progress in the proceeding till 2013. The complainant remained absent before the learned Magistrate on the relevant dates, therefore, learned Magistrate constrained to dismiss the proceedings under section 256 of the Cr.P.C., 1973 The learned counsel for respondent accused prayed for not to nod in favour of applicant-complainant to present an appeal against impugned order of dismissal passed by the learned Magistrate. 5. Admittedly, the matter pertains to dishonour of cheque issued by respondent-accused in favour of applicant/complainant. The proceeding under section 138 of NI Act, was initiated by the applicant. The transaction was occurred following agreement in regard to harvesting and transportation of the sugarcane crop. There is no doubt that the matter pertains to dishonour of cheque under section 138 of the NI Act. Moreover, it cannot be ignored that applicant has already adduced evidence by submitting affidavit by way of examination-in chief before the learned Magistrate. The transaction was occurred following agreement in regard to harvesting and transportation of the sugarcane crop. There is no doubt that the matter pertains to dishonour of cheque under section 138 of the NI Act. Moreover, it cannot be ignored that applicant has already adduced evidence by submitting affidavit by way of examination-in chief before the learned Magistrate. The document of roznama shows that the matter was pending for cross-examination of complainant and it was and adjourned on multiple occasions for one or other pretext. 6. Considering the attending circumstances on record, I find it just and proper to grant reasonable opportunity to the applicant complainant to ventilate its grievance for redressal. Therefore, leave to present an appeal is required to be granted. The circumstances about judicial delay in adjudication of the present matter will be considered at the time of final hearing of the appeal. Hence, application stands allowed in terms of prayer clause "B". Leave to present an appeal against impugned Judgment and order dated 23-09-2013 passed by learned Judicial Magistrate, First Class, Washi in SCC No. 506 of 2008 is hereby granted. Registry to take requisite steps for further process. 7. On registration of appeal, issue notice to respondent. Mr. Dadape, learned counsel waives service of notice on behalf of respondent. 8. Call for record and proceedings. 9. After compliance of procedural formalities, list the matter for admission in due course.