M/S Outlook Impex India Pvt Ltd v. Sujit Tiwari And ANR

13.appln291.14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 291 OF 2014 Outlook Impex Pvt. Ltd..

... Applicant.

Versus

Mr. Sujit Tiwari & ors.

... Respondents.

--- Ms. Shital Londhe h/f. Mr. R.V. Pillai, advocate for applicant. Mr. Santosh J. Parab, advocate for respondent No. 1. Mrs. A.A. Mane, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : NOVEMBER 27, 2015 P.C.:

Heard the learned Counsel for the applicant. This is an application seeking condonation of delay in filing an application seeking leave to appeal. Delay is of 595 days. In this case, the complaint was dismissed for want of prosecution. The learned Counsel for the respondent has vehemently opposed the application seeking condonation of delay. According to Talwalkar 1/2

13.appln291.14.sxw the learned Counsel fror the respondent, the complaint has been dismissed under Section 256 of the Code of Criminal Procedure, 1973 and the learned Magistrate has rightly dismissed the complaint for want of prosecution.

However, taking into consideration the reasons assigned in paragraphs-6, 7, 8 and 9, the application seeking condonation of delay deserves to be allowed in the interest of justice upon depositing cost of Rs. 500/-. The cost to be deposited in this court within two weeks from today. The application is allowed in terms of prayer clause (a).

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2