:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5953 OF 2004 WITH CRIMINAL APPEAL NO. OF 2008 Manoj Ramniklal Shah. ..Applicant. Vs. M/s. MAC Sun Enterprise and ors. ..Respondents. Mr.N.S.Das for the Applicant. Mr.S.R.Shinde, APP. for the State. Mr.H.S.Suryawanshi h/for Mr.Shaikh for the Respondent No.2. CORAM: R.S.MOHITE, J. DATE : 7th July, 2008 PC : 1. This is an application for leave to file appeal. The complaint filed by the complainant has been dismissed by the impugned order because the complainant was absent on 17.9.2004, 4.10.2004, 30.10.2004 and ultimately on 6.11.2004. It is the case of the complainant that his Advocate expired on 10.9.2004. A copy of the death certificate is annexed at Page 12. In the given circumstances, I find it necessary to grant leave to file appeal. Hence, leave granted. Office to number the appeal. 2. The appeal is admitted and heard forthwith for disposal. For the aforesaid reasons, I find it necessary to allow the appeal. I am informed that the affidavit in lieu of examination in chief on behalf of :2: the complainant’s witness was already filed and the matter is posted for cross examination of the said witness. In this view of the matter, since the trial has commenced and the original accused will be granted exemption from personal appearance in court and will be permitted to cross examine through their Advocate if they so desire. However, if the Trial Court requires the personal presence of the accused, the trial court will be at liberty to direct so, notwithstanding this order. Application and appeal stands disposed off. (R.S. MOHITE, J.)