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Bombay High CourtAPPLN/3825/2014disposed off

Kalyanappa Gurusiddappa Solshe v. Panchakshari Krushna Chavan

2015-03-11Hon'Ble Shri Justice A. I. S. Cheema2 pages

Cri.Appln.No.3825/2014 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3825 OF 2014 IN CRIMINAL APPEAL NO.5650 OF 2013 (Kalyanappa Gurusiddaappa Solshe Vs. Panchakshari s/o Krushna Chavan) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Shri S.C. Swami, Advocate holding for Shri V.D. Gunale, Advocate for applicant Shri S.D. Tawshikar, Advocate for respondent Shri S.P. Golegaonkar, Advocate appointed through Legal Aid for respondent also present .....

CORAM :

A.I.S. CHEEMA, J.

DATED :

11th March, 2015.

1.

Perused the application for condonation of delay. Learned counsel for the applicant - original complainant is submitting that there is delay of about 11 days as the applicant - original complainant was not feeling well. He made request to condone the delay in the interest of justice.

2.

Head Advocate Shri S.P. Golegaonkar, appointed through Legal Aid for the respondent. The counsel submits that, the delay has not been properly explained. According to the counsel, the application is not supported by any medical certificate. According to him, the application deserves to be rejected. 3.

Perused Criminal Application No.5650 of 2013 for grant of leave against acquittal under Section 138

Cri.Appln.No.3825/2014 of the Negotiable Instruments Act. Considering the said application and present application for condonation of delay, in the interest of justice, the delay is condoned. Present Criminal Application stands disposed of.

4.

Criminal Application No.5650/2013 be listed for admission hearing on 31st March 2015.

5.

It appears that, Advocate Mr. S.P. Golegaonkar has been appointed for respondent through Legal Aid and the respondent - accused has also appointed Advocate Mr. S.D. Tawshikar in his personal capacity. Advocate Mr. Tawshikar submits that he will contact the respondent - accused and take instructions if he wants to retain him or desires to be represented through Legal Aid. Advocate Mr. Golegaonkar also submits that he will contact the Legal Aid for further instructions.

(A.I.S. CHEEMA, J.) fmp/cri3825.14