( 1 ) THIS application has been filed seeking leave to appeal against an order dated 31. 7. 2007 passed by learned MM dismissing the complaint of the applicant for non-appearance. Since no summons were served upon the accused and accused was not present at the time of passing of order of dismissal of complaint, I consider that no notice is required to be served on the accused. For the reasons stated in the application, this application is allowed. Admit. ( 2 ) THIS appeal has been preferred against the order dated 20. 2. 2007 whereby the complaint of the applicant was dismissed for non-appearance. It is submitted by the appellant that on 31. 7. 2007 counsel for the appellant mr. S. P. Suman was on his way to Court, to attend the matter, when he received a phone call from his residence that his son suffered an injury in the school. ( 3 ) THE counsel immediately rushed back from the mid way to fetch his son from the school so as to provide him appropriate medical aid. He, therefore, could not appear before the Court in time. However, condition of his son became normal at around 2. 00 p. m. whereafter he rushed to the Court but the complaint had already been dismissed for non-prosecution. ( 4 ) ALTHOUGH a plea has been taken as to why the counsel could not appear in the complaint but there is no reason given why the complainant did not appear before the Court. Even for the reasons given for non appearance of the advocate, no supporting document has been placed on record. Even the affidavit of the advocate is not on record verifying the correctness of the facts. The appeal is supported by affidavit of the appellant who could have no personal knowledge about the injuries suffered by son of his counsel. No document about injury or treatment to the son of the counsel has been filed alongwith the appeal. ( 5 ) HOWEVER, considering the interest of justice and looking into the amount involved, the order of the learned MM is set aside and the appeal is allowed subject to cost of Rs. 20,000/- to be deposited with Delhi High Court Legal services Committee. Appellant is directed to appear before the trial Court on 12th november, 2007 and produce the receipt of payment of cost. The appeal stands disposed of.