(1) IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION Criminal Application no. 1032 of 2006 Navinchandra Tukaram Sali Applicant. v/s. Harinarayan Building Materials Respondents. Suppliers & anr. Mr.Meghshyam Kocharekar for the Petitioner Mr.Shailesh Kantharia, Advocate for Respondent no.1 Mr.Y.s. Shinde, APP for the State. CORAM CORAM CORAM : : : B.H. MARLAPALLE, J. B.H. MARLAPALLE, J. B.H. MARLAPALLE, J. 3RD 3RD 3RD AUGUST, AUGUST, AUGUST, 2007. 2007. 2007. P.C. P.C. P.C. :- :- :- . Heard the learned counsel for the applicant. Mr. Shailesh Kantharia appears for Respondent no. 1 and learned APP appears for respondent no. 2. . Perused the record and proceedings and it is apparent that the applicant has made out a case to grant special leave to appeal. . Hence, the application is allowed and special leave to appeal is hereby granted under section 378(4) of Cr.P.C. . Appeal is admitted. (2) . Respondents waive service. Action under section 390 of Cr.P.C. to be taken by the trial Court. The learned counsel for the appellant is at liberty to submit the private paper book and to apply for early hearing (B.H.MARLAPALLE,J) (B.H.MARLAPALLE,J) (B.H.MARLAPALLE,J)