1 APPLN-1135.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1135 OF 2011 Hitesh Champalal Ranka .... Applicant Vs. Kiran A. Rochlaney & Ors. .... Respondents S/Shri Ravindra Sankpal i/b Pankaj Bafna for the Applicant. Shri M.D. Mali for Respondent Nos.1 and 2. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 30, 2011 P.C: This is an application for leave to file appeal against dismissal of a complaint under Section 256 of Cr.P.C. by the learned Additional Chief Metropolitan Magistrate, 28th Court at Esplanade, Mumbai because of the complainant's absence. The learned counsel for the complainant states that the complainant was absent only once. Even that is obviously not condonable. But, however, since it would be always better to have a complaint decided on merit, though the learned counsel for the respondents has strong objection, leave 2 APPLN-1135.11 granted. Appeal admitted. The application accordingly stands disposed of. (R.C. CHAVAN, J.)