Sambhu Prasad v. The State Of Maharashtra And ANR.

24.APPR437_2018.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 437 OF 2018 IN REVISION APPLICATION (ST.) NO. 456 OF 2018 Sambhu Prasad ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Karansingh B. Rajput, Advocate for the applicant. Mr. A.R. Patil, APP for the respondent/State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 10th December, 2018 P.C. :

This Application is made for condonation of delay in filing Revision Application.

2.

The learned counsel for the applicant submitted that there is delay of 221 days in filing the Revision Application where the petitioner is convicted for the offences punishable under section 138 of Negotiable Instruments Act. The learned counsel submitted that the applicant/accused was convicted in other two cases and he is in prison for 3 months, i.e. from March, 2018 to May, 2018. He further submitted that the applicant could not get time and did not have money to file this Revision Application, because he was

24.APPR437_2018.doc facing many litigations. He submitted that the applicant has good case of merits and hence the delay be condoned. 3.

None present for the respondent no. 2, though notice is served.

4.

In view of the uncontroverted submissions, delay of 221 days in filing Revision Application is condoned.

5.

Criminal Application is allowed and is disposed of accordingly.

6.

The applicant is directed to deposit 20% of the amount of 10,28,000/- in this Court till 14th January, 2019. If the amount is not deposited, the Revision Application will be dismissed. (MRIDULA BHATKAR, J.)