1 APEAL 1498,1499 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1498 OF 2011 M/s H.. A. Sons .. Appellant -versus Badshah Rajabhai Shaikh and anr .. Respondents WITH CRIMINAL APPEAL NO.1499 OF 2011 M/s H. A. Sons .. Appellant. -versus Badshah Rajabhai Shaikh and anr .. Respondents Mr. Vipin Kasale i/b M/s Ram & Co. for the appellant. Mrs. P. P. Bhosale, APP for the Respondent State. Mr. V.D. Raut for the respondent No.1. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. Heard learned counsel for the appellant. 2. Admit. 3. Appeals are taken up for final hearing forthwith as complaints are dismissed in default. 4. The complaints were dismissed because of absence of complainant and his advocate before the trial Court. Learned counsel for the appellant states that the advocate for 2 APEAL 1498,1499 the appellant had filed leave note before District Court and learned District Judge had passed order directing the Registry to inform all Judicial Officers. The order further recites that if the applicant wanted to change the date, it was necessary to file application seeking adjournment. However, no such applications were filed because of communication gap. Learned counsel for the respondent has strong objection for setting aside the impugned orders and restoring the complaints since he contends that the applicant was negligent in prosecuting the complaints before the trial Court. Even so for the reasons mentioned, both the appeals are allowed. The impugned orders 28.7.2009, passed by learned J.M.F.C. Court No.1, Raigad in Criminal Case Nos 315 of 2003 and 316 of 2003, are set aside, on appellant’s paying costs of Rs.5,000/- in each of the complaints since respondent is needlessly required to attend this Court for the lapse of appellant. The costs are either to be paid to the respondent directly or deposited in the trial Court, within a period of two weeks. If the costs are not deposited within this period, the order shall stand revoked. Both the parties are directed to remain present before the trial Court on 16.12.2011. (R. C. CHAVAN, J.)