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Bombay High CourtAPPR/658/2016

Harshavardhan Ravindra Surve v. The State Of Maharashtra And ANR

2017-03-21Hon'Ble Shri Justice A.M. Badar2 pages

30-APPR-658-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.658 OF 2016 IN CRIMINAL REVISION APPLICATION (STAMP) NO.654 OF 2016 Harshavardhan R. Surve )...Applicant V/s.

State Of Maharashtra & Anr.

)...Respondents Lochan Chandha i/by Swapna Kode, Advocates for the Applicant. Mr. A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

21st MARCH, 2017.

P.C. :

This is an application for condonation of delay in preferring revision application challenging dismissal of appeal filed by the revision petitioner and confirmation of his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned trial Magistrate. Heard the learned Advocate appearing for the applicant-original accused. Office notings show that Respondent No.2-Original Complainant is duly served. None appeared for the Shivgan 1/2

30-APPR-658-2016.doc Respondent No.2-Original Complainant. The learned APP appears for the State.

Application is on affidavit. Averments made therein are not controverted by filing counter affidavit. Delay is explained in the application and the reasons constitute 'sufficient cause'. In this view of the matter, the application is allowed in terms of prayer clause (a). Delay in filing the revision petition is condoned.

(A. M. BADAR, J.) Shivgan 2/2