Yusuf Tayeb Jummani v. Sunil Madhane And ANR

19- APPLN 175 of 2018 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 175 OF 2018 Yusuf Tayeb Jummani ...Applicant Vs.

Sunil Madhane and Anr.

...Respondents

----- Ms. Megha Bajaria i/b. Mr. Kuldeep S. Patil for Applicant Mr. Avanti Inamdar for Respondent No.1 Mr. Y.M. Nakhwa -APP ----- CORAM :

SMT.SADHANA S. JADHAV, J.

DATE : FEBRUARY 22, 2019 P.C.:

1.

Heard. This is an application seeking condonation of delay in filing an application seeking leave to appeal, challenging the judgment and order passed by the J.M.F.C., Miraj in Summary Criminal Case No.235 of 2011 by which Respondent No.1 has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act. The delay is of 38 days. 2.

For the reasons assigned in paragraph 7and 8 of the application, the delay needs to be condoned in the interest of justice.

3.

The learned counsel for Respondent No.1 vehemently opposes the grant of condonation of delay, contending therein that the dismissal of the complaint for non-prosecution as contemplated under section 256 of Cr.P.C. would amount to acquittal and the acquittal stands confirmed.

19- APPLN 175 of 2018 4.

However, in the interest of justice, the delay needs to be condoned. Hence, application is allowed in terms of prayer clause (a) and stand disposed of.

[SMT.SADHANA S. JADHAV, J.] V.A. Tikam