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Bombay High CourtAPPP/1150/2019

Abdul Khalid Gafoor Shaikh v. The State Of Maharashtra

2019-08-21Hon'Ble Smt. Justice S.S. Jadhav1 pages

20.appp.1150.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1150 OF 2019 IN CRIMINAL APPLICATION (ALPST) NO. 378 OF 2019 Abdul Khalid Gafoor Shaikh ...Appellant/Applicant V/s.

The State of Maharashtra and Anr.

...Respondents

------------------- Mr. Shailesh Kumar Rai for the applicant.

Mr. S.S. Pednekar- APP for the State.

--------------------- CORAM :SMT. SADHANA S. JADHAV, J DATED :21ST AUGUST, 2019.

P.C. :

1.

This is an application seeking condonation of delay in filing an appeal against the acquittal wherein challenging the order dated 16th April 2019 passed by the 70th learned Metropolitan Magistrate' s, Mazgaon in C.C. No. 280 of 2018, thereby acquitting the respondent for the offence punishable under Section 138 of Negotiable Instrument Act. The delay is of 26 days.

2.

For the reasons assigned in paragraphs 3 and 4, the delay of 26 days in filing the appeal needs to be condoned in the interest of justice.

3.

Application is allowed in terms of prayer clause (a) and stands disposed of.

(SMT. SADHANA S. JADHAV, J) varsha