:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.962 OF 2007 Arjun Thakurdas Nihalani. ..Applicant. Vs. Gunwantbhai D. Hirani and ors. ..Respondents. Ms.Sunita Podar alongwith D.Shah for the Applicant. Mr. Khandeparkar i/by M/s. Khandeparkar & Associates for the Respondent No.1. Mr.A.S.Shitole, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 29th July,2008. P.C. P.C. P.C. 1. Heard both sides. 2. This is an application for leave to file appeal. On perusing the impugned judgment and order I find that the conviction has been based on cogent and acceptable reasons.The accused was appointed for constructing the ground floor structure and the monies were paid to him from time to time. The allegation is that the amount was misappropriated. The valuation of the structure made is not categorically stated. It is contended that the property is also misappropriated. The contention of the accused is that he was not only acting as supervisor but he has further rights. Admittedly, the civil suit is pending .This is not a fit case :2: for grant of leave. Hence, leave refused. Application is disposed off. It is expected that the Civil Court will decide the civil proceeding on its own merits and without being influenced by the order of this court. (R. S. MOHITE, J.)