1 appln 1374 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1374 OF 2010 JSW Steel Ltd. .. Applicant. -versus State of Maharashtra and anr .. Respondents. Mr. S. Srivastava, i/b D. H. Law Associates, for the Applicant. Mr. A. K.Singh i/b Lex Remedeum, for Respondent NO.2 Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th July, 2011 P.C. 1. This is an application for leave to file appeal against dismissal of the applicant's complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, because of absence of complainant and his advocate on 13.1.2010, when the matter was called out by the Court. Learned counsel for the applicant points out that on the previous date of hearing complainant was present and complainant was absent only on one or two dates. He has submitted that he had some personal difficulty and his advocate did not seek adjournment though instructed and therefore, seeks setting aside the impugned order of dismissal. 2. Learned counsel for the respondent No.1 may be 2 appln 1374 of 2010 right in submitting that personal difficulty has not been spelt out. All the same it would be always desirable to have lis decided on merits than to dismiss on technicalities. Leave granted. Appeal is admitted. (R. C. CHAVAN, J.)