Jasbirsingh Amriksingh Anand v. Digamber Anandrao Pingale And ANR

sr.27.appln.162.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.162 OF 2018 Jasbirsingh Amrikshingh and anr.

... Applicants Vs.

Digamber Anadrao Pingle and anr.

... Respondents Ms.Rukmini Khairnar for the applicants.

Mr.S.V. Gavand, APP for the respondent/State. CORAM : A.M.BADAR J.

DATED : 19th JUNE 2018.

P.C. :

1.

This is an application for condonation of delay in filing an application for leave to appeal for challenging the acquittal of respondent no.1 of offences punishable under Section 139 Negotiable Instruments Act.

2.

None appeared for respondent no.1/original accused despite service.

Vina k 1/2

sr.27.appln.162.18 3.

Heard the learned Advocate appearing for the applicant / original complainant and perused the application on affidavit. 4.

There is no counter affidavit challenging the averments made in the application. It is seen that the applicant / original complainant after dismissal of his complaint, was prosecuting the remedy before wrong forum and thereafter realizing the mistake, the instant application accompanied by an application for leave to appeal is filed. 5.

As the applicant has established sufficient cause, delay in filing the application for leave to appeal, is condoned. 6.

The application, is disposed of accordingly.

(A.M.BADAR J.) Vina k 2/2