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. 105 OF 2007 CRIMINAL APPLICATION NO. 105 OF 2007 CRIMINAL APPLICATION NO. 105 OF 2007 IN IN IN CRIMINAL APPLICATION NO. 537 OF 2007 CRIMINAL APPLICATION NO. 537 OF 2007 CRIMINAL APPLICATION NO. 537 OF 2007 IN IN IN CRIMINAL APPEAL NO. -- OF 2007 CRIMINAL APPEAL NO. -- OF 2007 CRIMINAL APPEAL NO. -- OF 2007 Mr.Vilas Bhimrao Gavhane ...Applicant V/s. Mr.Maruti Narayan Daltode & Anr. ...Respondents Mr.U.B. Nighot for the Applicant. Mr.Vivek Salunke for Respondent No.1. Mr.Y.M. Nakhawa, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 19, 2007 DATED : OCTOBER 19, 2007 DATED : OCTOBER 19, 2007 P.C. :- P.C. :- P.C. :- . Heard the learned Counsel for the applicant and the learned Counsel for respondent no.1. . There is a delay of 247 days in filing this application for leave to file appeal. It is submitted that on the fourth day after the application was filed under Section 138 of the Negotiable Instruments Act, the trial Court dismissed the complaint for want of prosecution. Against this order, revision application was filed. That was dismissed. Thereafter, an appeal was filed in the Sessions Court. That also was - 2 - dismissed on the ground that it is not maintainable. Therefore, this appeal was filed. Since the applicant had challenged the order before the wrong forum, in my view, sufficient ground is made out for condonation of delay. Delay is condoned. . Application for condonation of delay is disposed of, accordingly. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)