1 Cri-A-5857-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5857 OF 2009 Allbank Finance Limited ... Appellant (Orig. complainant) vs. M/s. Vasparr Fischer Limited & Ors. Respondents Mr. Amol Arote, i/b. Goenka Law Associates,Advocates, for the appellant. Mr. P.J.Kamani, Advocatefor the respondent - State. CORAM: J.H.BHATIA,J. DATE : 12th September, 2011. P.C. 1. Heard Mr. Amol Arote, Advocate holding for M/s. Goenka Law Associates. Perused the record. 2. The appellant is the original complainant. Their complaint under Section 138 of Negotiable Instruments Act was dismissed for want of prosecution on 5.3.2005. Against that they preferred a revision application which was also dismissed on 27.11.2006. This appeal was filed on 6.12.2008. Thus, the appeal was filed after delay of 3 years and 7 months, counted from the date of dismissal of the application and even if the period taken for prosecuting the revision 2 Cri-A-5857-09.sxw application is excluded, still there is delay of about two years. This application for leave is filed without any application for condonation of delay. As the application itself is beyond limitation and there is no application for condonation of delay, this application stands dismissed. (J.H.BHATIA,J.)