1 Appln 371-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.371 OF 2011 Deputy Registrar of Companies .Applicant V/s. Susheel G. Somani & ors .Respondents Mr.J.R.Solanki, Advocate, for the Applicant Mr.S.A.Shaikh, APP, for Respondent No.11 - State CORAM : R.C.CHAVAN, J. DATE : 10TH AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against order of dismissal of complaint passed on 26th November, 2010 by the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. The complaint was filed by the Deputy Registrar of the Companies. The complainant's advocate - Company prosecutor Abdul Kadar has 2 Appln 371-2011 filed an Affidavit pursuant to order passed by this Court on 21st June, 2011 which shows that he was present on the date when the complaint was dismissed. He had told the reason to the learned Magistrate for the absence of the complainant and witnesses and had prayed for the next date. In spite of this, the learned Magistrate seems to have dismissed the complaint for non-appearance when the complainant's advocate was very much present in the Court. The learned Counsel for the applicant has filed on record a copy of entire roznama of proceedings which shows that the prosecutor for the complainant was present on almost all the dates. The accused was absent on several dates. The impugned order shows that the accused was present on the date when the complaint was dismissed. In view of this, leave granted. 3. Admit. 3 Appln 371-2011 4. Call for R & P. 5. Action under Section 390. Let the notice be issued to the respondent Nos.1 to 10, returnable after eight weeks. The learned APP waives service for Respondent No.11- State. Notice to indicate that the matter would be disposed of on the date when the respondents appear. (R.C.CHAVAN, J.)