1 30-4269-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4269 OF 2010 Macleods Pharmaceuticals Ltd., .. Applicant. Vs. The State of Maharashtra & Another .. Respondents. Mr. Yogendra M. Kanchan, for the Applicant. Mrs. M.R.Tidke, APP for Respondent-State, Mr. S.B.Prabhavalkar, for Respondent No.2. CORAM : SMT.R.P. SONDURBALDOTA,J. DATE : 14th FEBRUARY, 2011. P.C.: 1 This application is preferred for leave to appeal from the order of dismissal of complaint filed under section 138 of Negotiable Instrument Act, 1881. Notice of this application is served upon Respondent No.2-original accused no.2. The complaint was dismissed for want of prosecution on 16th August, 2010 on account of default in appearance of the applicant. The applicant states that on that day he had another matter before the Ld. Addl. C.M.M. 64th Court at Andheri, 2 30-4269-10.sxw Mumbai where the applicant’s witness was being cross-examined and it was not possible for the applicant’s authorized representative to remain present in both the courts simultaneously. After completion of the cross examination of the applicant’s witness, the authorized representative of the applicant rushed to attend the present complaint only to learn about the dismissal of the matter. The explanation given in the application for absence of the Advocate and the authorized representative of the applicant is satisfactory. 2 Hence, application for leave to prefer appeal is granted. 3 The appeal is admitted. Office to number the criminal appeal. (JUDGE)