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Bombay High CourtAPPLN/795/2023application allowed

Nath Bio-Genes (I) Ltd., Aurangabad Through Its Authorized Officer Rajendra Balmukund Sharma v. Hanamanthappa Dyavanna Matarangi

2023-08-10Hon'Ble Shri Justice R. M. Joshi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.795 OF 2023 IN ALPST/1964/2023 NATH BIO-GENES (I) LTD., AURANGABAD THROUGH ITS AUTHORIZED OFFICER RAJENDRA BALMUKUND SHARMA

VERSUS

HANAMANTHAPPA DYAVANNA MATARANGI Ms. Neha B. Kamble, Advocate h/f Mr. S. V. Adwant, Advocate for the applicant Mr. M. B. Humane, Advocate for the respondent.

CORAM

: R. M. JOSHI, J.

DATE : 10th AUGUST, 2023 P.C. :- 1.

Heard.

2.

This application is for condonation of delay of 42 days caused in preferring the appeal against the judgment and order of acquittal by order dated 30/09/2022 passed in S.C.C. No. 306519/2013 for the offence punishable under Section 138 of the Negotiable Instruments Act. 3.

Perusal of the application does not show that any mala fides can be attributed to the applicant in not preferring the appeal in time. Hence interest of justice requires that delay caused in filing of the application is condoned. Hence application is allowed. Application for leave to appeal be registered.

(R. M. JOSHI, J.) ssp 918.ca795.23.odt