1 APPA 512-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.512 OF 2010 IN CRIMINAL APPEAL(ST)NO.308 OF 2010 Ashtech Infotech Pvt. Ltd. .Applicant V/s. Ways India Ltd. & ors .Respondents Mr.A.H.H.Ponda, Advocate, for the Applicant Mrs.P.H.Kantharia, APP, for Respondent No.6 - State CORAM : R.C.CHAVAN, J. DATE : 23RD JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for delay of 918 days in filing the present Appeal against dismissal of the complaint filed under Section 138 of the Negotiable Instruments Act ordered by the Metropolitan Magistrate, Dadar, for failure of the Complainant to take steps as also absence of the Complainant and his Advocate in Case No. 3146/SS of 2005. Since the accused were not at all served in the trial, there is no need 2 APPA 512-2010 to cause any notice of this application to be served upon the respondents. In companion case bearing No. 511 of 2010 which arose out of the dismissal of the complaint on the same day by the same learned MM between the same Complainant and the same accused Nos.2 to 4, delay has been condoned by Order dated 29th November, 2010. For the reasons mentioned in the application, delay is condoned. 2. In view of the fact that the complaint was dismissed when the learned Counsel just gone to toilet when the matter was called out. Leave granted. Admit. There is no need to call for R & P considering the fact that dismissal of the complaint was for failure to take steps without recording any evidence. Issue notice to the respondents, returnable on 28th July, 2011. Publication of notice in the news paper is allowed. (R.C.CHAVAN, J.) 3 APPA 512-2010