Securities And Exchange Board Of India Thr Mr. Sachin Sonawane (Agm) v. The State Of Maharashtra And ORS

Nalawade 1 39-appr-180-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.180 OF 2018 IN CRIMINAL REVISION APPLICATION St. NO.172 OF 2018 Securities and Exchange Board of India ..Applicant.

Vs.

State of Maharashtra and ors.

..Respondent.

Mr. Omprakash Jha with Raghav Shekhar i/by The Law Point for the Applicant.

Mr. S.S.Hulke, APP. for the State.

CORAM : A. S. GADKARI, J.

DATE : 31st AUGUST, 2018.

P.C.:- 1.

This is an application for condonation of delay of five years and 95 days (1920 days) in filing the present Criminal Revision Application.

2.

Heard the learned counsel for the applicant and the learned APP.

3.

The record indicates that, the present application is filed against the impugned Order dated 20.12.2012 thereby dismissing the complaint for want of prosecution against accused Nos. 1, 4 and 5. By 1/2

Nalawade 2 39-appr-180-18.doc an Order dated 4.8.2012, the learned Magistrate was pleased to direct the applicant/original complainant to provide correct and detailed address of accused Nos. 1, 4 and 5 with a view to issue warrant against them. However, for a period of four months the applicant did not comply with the said Order and therefore, the learned Magistrate was pleased to dismiss the complaint against accused Nos.1,4 and 5 for want of prosecution. It is further to be noted here that, even after dismissal of the said complaint the applicant did not prefer the revision application immediately and as noted earlier there is a delay of more than five years in preferring the present application. 4.

According to me no sufficient cause for condonation of such a colossal and inordinate delay is made out. It appears that the applicant is not serious enough in prosecuting the main complaint. 5.

In view of the above, application is rejected. (A.S. GADKARI, J.) 2/2