Salma Begum W/O Gaus Khan Pathan v. Madhukar Manikrao Phad

2024:BHC-AUG:17652 criapln2091-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2091 OF 2024 IN APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY STAMP NO. 5877 OF 2024 Salma Begum W/O Gaus Khan Pathan APPLICANT

VERSUS

Madhukar Manikrao Phad RESPONDENT .......

Mr. D. M. Shinde, Advocate for the applicant Mrs. C. S. Deshmukh, Advocate for the respondent .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th AUGUST, 2024 ORDER :

1.

Heard.

2.

This is an application for condonation of delay in filing application for leave to file appeal, challenging acquittal of respondent under section 138 of the Negotiable Instruments Act . 3.

Though, learned advocate for the respondent has strenuously opposed the application, however, taking into consideration the reason assigned in the application that the applicant bona fide approached the Sessions Court by filing appeal against acquittal and in that process, delay is caused, the application deserves to be allowed and the same is hereby allowed in terms of prayer clause "B"

[NITIN B. SURYAWANSHI] JUDGE drp/criapln2091-24.doc

criapln2091-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY STAMP NO. 5877 OF 2024 Salma Begum W/O Gaus Khan Pathan APPLICANT

VERSUS

Madhukar Manikrao Phad RESPONDENT .......

Mr. D. M. Shinde, Advocate for the applicant Mrs. C. S. Deshmukh, Advocate for the respondent .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th AUGUST, 2024 ORDER :

1.

Issue notice to respondent, returnable on 26th August, 2024.

2.

Mrs. C. S. Deshmukh, learned advocate waives service for the respondent.

[NITIN B. SURYAWANSHI] JUDGE drp/criapln2091-24.doc