1 appa 262 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 262 OF 2011 IN CRIMINAL APPEAL NO.923 OF 2011. Ashtech Infotech Pvt. Ltd. .. Applicant. -versus Home Trade limited and ors .. Respondents. Mr A. H. H. Ponda, for the Applicant. Mrs P. H. Kantharia, APP for the State. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Metropolitan Magistrate, 7th Court, Dadar on 1st October, 2007, even before respondent could be served. Therefore, it is not necessary to issue notice to the respondent. The roznama of the proceeding which has been produced shows that except for one or two dates the complainant was present prosecuting the proceeding. In fact when the complaint was dismissed. The complainant’s advocate claims that he was present in the Court and had gone to toilet when the matter was called and this is how the complaint came to be dismissed. 2 appa 262 of 2011 2. In view of this, Leave granted. Appeal admitted. There is no question of calling for record and proceeding considering the fact that the complaint was dismissed due to absence of complainant even before respondent could be served. 3. Issue Notice to the respondents, returnable on 21.07.2011. The notice to indicate that the matter would be taken up for final hearing on the returnable date itself. Respondent may serve by issuing notice through the Court, causing personal service and also if necessary by publication in the newspaper of the area where respondent resides. 4. Matter be listed on the final hearing board on 21.07.2011. (R. C. CHAVAN, J.)