IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 476 OF 2009 IN CRIMINAL APPLICATION No. 965 OF 2008 IN CRIMINAL APPLICATION No.782 OF 2008 IN CRIMINAL APPEAL No.970 OF 2007 ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Mr Ashutosh Gole for the Applicant. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Not on board. Upon mentioning taken on board. 2. Present criminal application is filed by the applicant for substituted service on original accused - respondent no.1. According to the applicant, the said service is to be effected for the delay condonation application bearing No.965/2008 and for Restoration of Application No. 782 of 2008. It may be mentioned that earlier application for leave to appeal against the judgment of acquittal of the accused for the offence under Section 138 of the N.I.Act was granted by this Court and appeal was numbered as 970 of 2007. However, for want of steps it was dismissed and Criminal Application No.782 of 2008 was made belatedly and as such Criminal Application No.965 of 2008 was preferred for condonation of delay. Time was given to the present applicant to serve respondent no.1 till today. However, service could not be effected on him. Therefore, substituted service to be effected as prayed on Respondent No.1 till the adjourned date. Applicant to file affidavit of service. 3. Application No. 476/2009 stands disposed of. 4. Criminal Application No. 965 of 2008 to appear on board on 10th June, 2009. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)