mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3613 OF 2008 Mrs.Mita Jitendra Juthani Applicant versus Harshad N. Modi and another Respondents Kishor Bhatia for applicant. M.S.Ahmed for respondent no.1. P.A.Pol, APP for the State. CORAM : A.S.OKA, J. DATE : 11th February 2009 PC : 1. Heard learned advocate for the applicant and learned advocate for the first respondent. A case is made out for grant of special leave. Leave is granted. Appeal is admitted. The advocate for the respondent no.1 waives service. Therefore, an action under section 390 of the Code of Criminal Procedure, 1973 is not necessary. (A.S.OKA, J.)