-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 285 OF 2008 APPLICATION NO. 285 OF 2008 APPLICATION NO. 285 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3232 OF 2006 APPLICATION NO. 3232 OF 2006 APPLICATION NO. 3232 OF 2006 Mr. Prakash Sarangdhar Lawande. ... Applicant. V/s. Mr. Sanjay Abaji Jadhav & Anr. ... Respondents. Mr. S.A. Rajeshirke for the Applicant. Mrs. A.A. Mane, A.P.P. for the State. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 07TH AUGUST 2008. : 07TH AUGUST 2008. : 07TH AUGUST 2008. P.C. P.C. P.C. : : : . Heard learned Counsel. 2. There is delay of 204 days in making application for restoration of the application dismissed on 14.9.2007 as the learned Advocate was absent. Considering the grounds mentioned, the delay in making the application is condoned and the application to be restored to the file. 3. The complainant is a supplier of building material to the accused and has come with a specific case that for the supply from January 2003 to August 2003, the accused hold Rs.90,000/- for which in discharge the liability the accused issued two cheques of Rs.25,000/- dated 7.8.2003 and on presentation, said cheques came to be dishonoured. Consequently, -:2:- statutory action as contemplated under the law was taken and then complaint came to be filed. The defence of the accused as was recorded by the learned Judge in paragraph 7 relates to the transaction between the parties for the year 2002 and even for the year 2003. In all particulars the payments which the accused lodged are not of the transaction of January 2003 to August 2003. 4. Consequently, the earlier payments have apparently no bearing for the cheques. Leave to appeal is granted. Admit Appeal. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)