1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2826 OF 2007 WITH CRIMINAL APPLICATION NO.2827 OF 2007 Col.S.M.Desai ..Applicant V/s. Basavraj Balappa Girisagar & anr. ..Respondents Mr.S.A.Bhagwat, advocate, for applicant Mr.Pradyumna Waghmare, advocate, for respondent No.1 Mr.S.R.Shinde, Assistant Public Prosecutor, for the State CORAM : B.H.MARLAPALLE, J. DATE : 25TH OCTOBER, 2007 P.C. 1. Heard Mr.S.A.Bhagwat, Learned Counsel for the applicant/original complainant. 2. Leave to appeal is hereby granted under Section 378(4) of the Criminal Procedure Code. 3. Appeals are admitted. Mr.Pradyumna Waghmare waives service for respondent No.1 and the learned 2 Assistant Public Prosecutor appears for the State. Call for R & P. Action under Section 390 of the Criminal Procedure Code against the accused to be taken by the trial Court. (B.H.MARLAPALLE, J.)