IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.216 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Dilip Shantaram Wavare .. Applicant V/s. The State of Maharashtra & Ors. .. Respondents Mr.Y.M.Kanchan for the Applicant. Mrs.M.H.Mhatre, A.P.P. for the State. Mr.Tejas Bhide i/b.Bhide & Co. for Respondent No.4. CORAM : A.R.JOSHI, J. DATED : APRIL 23rd , 2009. P.C. Heard rival submissions for some time. 2. It is the application for condonation of delay in preferring the leave to file and appeal against the order of acquittal thereby acquitting Respondent Nos. 2 to 5 for the offence punishable under section 506 of Indian Penal Code. Said order of acquittal was passed 1 by J.M.F.C. 12th Court Nashik on 1st January, 2001. Thereafter, criminal revision was preferred in July, 2002 before the District Judge, Nashikh, and it came to be dismissed in February, 2007. thereafter, instead of preferring the criminal appeal a writ petition came to be filed before this Court in September, 2007. Said writ petition came to be dismissed in October, 2007. Consequently, present application for condonation of delay alongwith application of leave to file appeal came to be filed on 26th March, 2008. In the present application for condonation of delay in filing the leave application it is mentioned that there is delay of 317 days however, it appears that what is challenged in the Appeal is the order passed by the J.M.F.C., Nashik dated 1st January, 2001 and as such there is apparently the delay of about eight years, though, intermittently applicant preferred an application before the District Judge, Nashik and before this Court under section 482 of Criminal Procedure Code. 3. Considering the above, in the opinion of this Court there is nothing to again reagitate the said issue and there is nothing to allow the delay condonation application. In the result, application for delay condonation is dismissed and accordingly disposed of. (A.R. JOSHI, J.) 2