Sudarshan Bhimarao Talekar v. Vitthal Champalal Nabariya And ANR

(5)APPLNNo.652017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.65 OF 2017 Shri.Sudarshan Bhimarao Talekar ...

Applicant V/s.

Shri.Vitthal Champalal Nabariya & Anr. ...

Respondents .....

Ms.Divya V. Parab, Advocate for the Applicant. Mrs.M.R.Tidke, APP for the Respondent No.2/State. ....

CORAM : A.M.BADAR J.

DATED : 22nd OCTOBER 2018.

P.C. :

This is an application for condonation of delay in preferring an application for leave to appeal for challenging acquittal of the respondent No.1 of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Heard the learned Counsel appearing for the applicant/original Complainant.

None appeared for the respondent No.1.

Averments made in the application are not controverted by filing counter-affidavit. The applicant has alleged Gaikwad RD 1/2

(5)APPLNNo.652017 that because of prosecuting his remedy in wrong Forum, delay of 53 days occurred in preferring the application for leave to appeal. The reason constitutes sufficient cause. Hence, the Order :

ORDER

(i) The application is allowed.

(ii) The delay in filing the application for leave to appeal is condoned.

(iii) The application is disposed of accordingly. (A.M.BADAR J.) Gaikwad RD 2/2