IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.665 OF 2007 ALONGWITH CRIMINAL APPLICATION NO.666 OF 2007 M/s.Elite Construction Co. .. Applicant (In both the Applications) Vs. State of Maharashtra & Ors. .. Respondents (In both the Applications) Ms Shilpa Kapil for the Applicant. Mr.Y.S.Shinde, A.P.P for Respondent No.1 in Cri.Appln.No.665/07. Mr.D.P.Adsule, A.P.P for Respondent No.1 in Cri.Appln.No.666/07. Mr.Ajay Varma i/by Harshad Palwe for Respondent Nos.2 to 5. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 15th July 2008. P.C.: . Heard learned counsel appearing for the applicant and the learned counsel appearing for the 2nd to 5th respondents. The affidavit in reply filed by the said respondents is taken on record. 2. The applicant has filed an application for seeking leave to prefer an appeal against the orders dated 13th April 2005 passed by the learned Metropolitan : 2 : Magistrate on private complaints filed by the applicant. By the said orders, the private complaints filed by the applicant were dismissed in exercise of powers under section 256 of the Code of Criminal Procedure, 1973. 3. The applicant challenged the said orders by preferring an application under section 482 of the Code of Criminal Procedure, 1973. The said applications remained pending in this Court till 18th December 2006. On that day, an order was passed holding that remedy of filing applications under section 378(4) of the said Code was available to the applicant. Accordingly the said applications were disposed of. 4. In view of the averments made in paragraph Nos.8 and 9 of the application, a case for condonation of delay is made out. Accordingly, applications are allowed. 5. The application for leave as well as appeal shall be kept for final disposal at admission stage on 21st August 2008. The registry will call for Record and Proceedings of the case. : 3 : (A.S.Oka,J)