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. 548 OF 2008 IN CRIMINAL APPLICATION No.3282 OF 2008 IN CRIMINAL APPEAL No. of 2008 Napier Builders and Developers. .. Applicant. vs. Shaikh Mehboob alias Abyoob Ilali Baksh and Anr. ..Respondents. Vilas B. Tapkir for the Applicant. Prakash Naik for Respondent No.1. Mr P.A.Pol,A.P.P. for the State. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 20TH APRIL,2009. DATED : 20TH APRIL,2009. DATED : 20TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Heard rival submissions for some time. 2. Mr Prakash Naik appearing for Respondent No.1 and Mr P.A.Pol, A.P.P. appearing for State, respectively waive service. 3. It is an application for condonation of delay of 26 days in filing the application for leave to appeal against the acquittal of original accused - respondent in the matter of proceeding under Section 138 of the Negotiable Instruments Act, 1881 (the N.I.Act for short). Reportedly, the said complaint was dismissed for non apperance of the applicant- original complainant. Thereafter, writ petition was filed before this Court. However, it was allowed to be withdrawn as the writ was not the efficacious remedy. Accordingly, the present application came to be filed along with criminal appeal and leave to such appeal. There is no strong objection on behalf of the contesting respondents for condonation of delay. 4. Considering delay of 26 days in filing criminal appeal with application for leave, same is condoned and the application for leave along with criminal appeal be fixed after one week. In the mean time, the applicant to supply the respondents with copy of leave application and appeal memo. Application No. 548 of 2008 is, accordingly, disposed of. 5. Criminal application No. 3282 of 2008 to appear on board after one week. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)