mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4834 OF 2005 Jagdish Gautamchand Banthia Applicant versus M/s.Surya Enterprises Respondent Vivek Salunke i/by P.B. Shah for applicant. Pankaj D. Purway i/by J.B.Kocheta for respondent no.1. P.A.Pol, APP for State. CORAM : A.S.OKA, J. DATE : 04th March 2009 PC : 1. Heard learned advocate for the applicant and learned advocate for the first respondent. Special leave to prefer an appeal is granted. Appeal is admitted. Call for the record and proceedings. The advocate for the first respondent waives service. Hence, it is not necessary to take an action under section 390 of the Code of Criminal Procedure, 1973. (A.S.OKA, J.)