JUDGMENT

V.M. Kanade, J.— Heard the learned counsel for the applicant and APP for the State.

2. By this application which is filed under Section 482 of the CrPC, the applicant takes exception to the order passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 18th June, 2010. By the said order, the learned Magistrate was pleased to reject the application made by the applicant’s Advocate for exemption and refused to cancel the non-bailable warrant. Brief facts are as under:

3. A complaint was filed against the present applicant for the offence punishable under Section 354 of the IPC which was registered with the Cuffe Parade police station, Mumbai. After filing of the complaint, the complainant remained absent on number of dates. Thereafter, however, her statement was partly recorded on 11th June, 2009. Thereafter, the case was adjourned to 11th August, 2009, 27th August, 2009, 8th October, 2009, 24th November, 2009, 15th December, 2009, 7th April, 2010, 13th April, 2010 and finally to 18th June, 2010. On 13th April, 2010, when the matter appeared before the court, complainant Ms. Leena Francis Soaz was present and she informed the trial court that she was contemplati