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Bombay High CourtAPPLN/2161/2014application allowed

Kiskinda Bapu Kale v. Sau.Sushilabai Navnath Sawant

2015-12-09Hon'Ble Shri Justice M.T. Joshi2 pages

3.APPLN.2161.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2161 OF 2014 IN CRIMINAL APPLICATION NO. 2160 OF 2014 WITH CRIMINAL APPLICATION NO. 2160 OF 2014 Kiskinda Bapu Kale ..APPLICANT

VERSUS

Sushilabai Navnath Sawant ..RESPONDENT ....

Mr. M.S. Karad, Advocate holding for Mr. S.S. Thombre, Advocate for applicant.

None for respondent.

....

CORAM : M.T. JOSHI, J.

DATED : 9th DECEMBER, 2015 ORAL ORDER :

Heard learned Counsel holding for Mr. S.S. Thombre, learned Counsel for the applicant. None present for the respondent. 2.

Aggrieved by the acquittal of the respondent from the offence punishable under Section 138 of Negotiable Instruments Act, the applicant filed the application for leave to file appeal. As S.S.DESHPANDE 1 / 2

3.APPLN.2161.14.doc the delay of 105 days has occurred in filing the said application, present application for condoning the delay is filed. 3.

According to the applicant, as time has elapsed in taking legal advice and making arrangement of necessary funds, delay has occurred. Considering all the facts, in my view, just and sufficient reason is made out. Delay is therefore condoned. 4.

Application is allowed and disposed of accordingly. ( M.T. JOSHI, J. ) S.S.DESHPANDE 2 / 2