M/S. D. R. Coats Ink And Resins Pvt Ltd. v. M/S. Rajit Paints Ltd And ORS

Sknair 84-appln-651-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 651 OF 2017 M/s D.R. Coats Ink & Resins Pvt. Ltd., ... Applicant Vs.

M/s Rajit Paints Ltd. & Ors.

... Respondents Mr. Sunil Yadav for the applicant.

Ms. R.M. Gadhvi, APP for State.

CORAM : A.S. GADKARI, J.

DATE :

23rd MARCH, 2018 P.C.

1.

This is an application for condonation of delay of one year and 216 days for preferring an application for leave to file an appeal against the impugned order dated 11.12.2015 below Exh.1 in C.C. No.154/SS/2012 passed by the Metropolitan Magistrate, 59th Court, Kurla, Mumbai, thereby dismissing the complaint of the applicant for want of prosecution under Section 256 of the Code of Criminal Procedure.

2.

Heard learned counsel for the applicant. Perused the record. 3.

In the present application, except giving some lame excuses and raising irrelevant grounds, no sufficient cause for condonation of inordinate delay of one year and 216 days has been made out. The record clearly indicates that the applicant/complainant was not serious enough in prosecuting the main complaint and the same was dismissed by the Trial Court after granting sufficient opportunity to the applicant

Sknair 84-appln-651-17.odt to pursue with the same.

4.

No case is made out for condonation of delay. 5.

The application is accordingly rejected.

(A.S. GADKARI, J)