1 APPLN 1074 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1074 OF 2011 M/s H.. A. Sons .. Applicant. -versus Badshah Rajabhai Shaikh and anr .. Respondents WITH CRIMINAL APPLICATION NO.1075 OF 2011 M/s H.. A. Sons .. Applicant. -versus Badshah Rajabhai Shaikh and anr .. Respondents Mr. Vipin Kasale i/b M/s Ram & Co. for the applicant. 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. These are the applications for leave to file appeal against dismissal of the complaints because of absence of the complainant and his advocate before the trial court. Learned counsel for the applicant states that the advocate for the applicant had filed a leave note before the District Court and learned District Judge had passed order directing the Registry to inform all Judicial Officers. The order further recites that if 2 APPLN 1074 OF 2011 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 to leave being granted since he contends that the applicant had been negligent in prosecuting the complaint before the trial Court. Even so considering the fact that advocate had sought leave and there may be some communication gap and since it is always desirable to have the matter decided on merits, rather than disposing of in this fashion. leave is granted. 2. Both the applications for leave are disposed of accordingly. (R. C. CHAVAN, J.)