1 cri.appln 441-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 441 OF 2011 IN CRIMINAL APPLICATION NO. 38 OF 2011 IN CRIMINAL APPEAL NO. 768 OF 2009 Ramzan Ali Lal Mohd.Ansari ...Applicant VS. Gayasul Haq Khan & Anr. ...Respondents Mr.Deepal Kasbe i/b. Mr.Diwakar Dwivedi for the Applicant. Mrs.M.M. Deshmukh, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 8, 2011 P.C :- 1 Criminal Appeal No.768/2009 preferred against the judgment and order of acquittal in the case under Section 138 of the N.I. Act was dismissed by order dated 15 th October, 2010 for the reason of failure to remove office objections in time and the order of dismissal came into effect automatically 2 cri.appln 441-2011 without further reference to the Court. It appears inadvertence played role in the dismissal of the said appeal, and the application being Misc. Criminal Application No.38/2011 preferred for setting aside the order of dismissal dated 15 th October, 2010 also met the same effect. It is now in this application the applicant is praying for setting aside the orders of dismissal of the application No.38/2011 and criminal appeal no. 768/2009. Certainly there is inadvertence on the part of the Advocate and its clerk but same should not come in the way of cause of justice. Hence, the following order :- 2 Order dated 24 th January, 2011 dismissing the Criminal Application NO.38/2011 and the order dated 15 th October, 2010 dismissing the Criminal Appeal No.768/2009 are set aside subject to payment of costs of Rs.500/- in the form of the contribution to the State Legal Services Authority. Registry to accept the amount. 3 cri.appln 441-2011 3 Criminal Application No.441/2011 and the Misc. Criminal Application No.38/2011 stand disposed of, accordingly. Criminal Appeal No.768/2009 is restored. (U.D. SALVI, J.)