: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.686 OF 2007 WITH CRIMINAL APPLICATION NO.3830 OF 2007 Shivaji Ganpatraop Shelke. ..Applicant. Vs. Sunil Shankar Deulkar and anr. ..Respondents. Mr. R.S.Datar for the Applicant. Mr. Indrajeet Joshi for the Respondent. CORAM: R.S. MOHITE, J. DATE : 7th July, 2008 P.C. P.C. P.C. 1. This is an application for condonation of 22 days delay in filing of the application for leave to file appeal. Heard both sides. No reply is filed and the advocate has not seriously opposed the application. Hence, application is allowed and the delay in filing the application stands condoned. CRI. APPLN. NO.3830 OF 2007 1. This is an application for grant of leave to file appeal. I have perused the impugned judgment and order. The applicant states that in lieu of 46 KG of silver, a cheque for Rs.4,97,720/- was given by the accused. To show the giving of delivery of 46 KG silver, he relied upon an agreement dated 21.10.2004. As against this, the defence of the accused was that there was another transaction of Rs.15,000/ and a blank :2: cheque was given as security for that transaction. He proved through the evidence of the bank officer that this amount of Rs.15,000/- was repaid. This transaction was proved by the accused, but when confronted with these facts, the complainant stated that he could not remember and pleaded ignorance. It is in these circumstances, the defence of the accused was accepted. In my view, accused was correctly given benefit of doubt. Hence, leave refused. Appeal papers to be filed. (R.S.MOHITE, J.)