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Bombay High CourtAPPLN/1135/2015disposed off

Shri. Yashashree Poultry Service v. Y.Malla Reddi, Anantram Reddi

2015-08-27Hon'Ble Shri Justice V.K. Jadhav1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 1135 OF 2015 IN APPLN/1134/2015 SHRI. YASHASHREE POULTRY SERVICE

VERSUS

Y.MALLA REDDI, ANANTRAM REDDI ...

Advocate for Applicant : Mr. V.V. Tarde Advocate for Respondent : Mr. L.B. Palod ...

CORAM : V.K. JADHAV, J.

Dated: August 27, 2015 ...

PER COURT :- 1.

This is an application for condonation of delay of 9 days caused in filing the application seeking leave to file appeal under section 378 (4) of Cr.P.C. against the judgment order dated 9.12.2014 passed by the Judicial Magistrate First Class, Court No.10, Ahmednagar in STC No.1260/2012 for an offence punishable u/s 138 of the Negotiable Instruments Act. 2.

The learned counsel for the applicant submits that, under the bonafide belief that the appeal may lie to the Sessions Court against the judgment and order of acquittal passed by the learned Magistrate, delay has been caused.

3.

Heard learned counsel for respondent.

4.

For the reasons stated in the application, application is allowed and delay of 9 days caused in filing the application is hereby condoned.

5.

Criminal Application stands disposed of.

( V.K. JADHAV, J. ) ...

aaa/-