M/S Umedmal Bhikulal A Registered Partnership Firm Thro. Its Partner Smt. Prema Kantichand Golecha v. Saibaba Trading Com. Thro. Its Prop. Sanjay R. Agrawal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3715 OF 2015 IN CRIMINAL APPLICATION NO.3714 OF 2015 M/s. Umedmal Bhikulal, A registered partnership firm, through its partner, Smt. Prema Kantichand Golecha, through GPA Rajendra s/o.

Kantichand Golecha ..Applicant

Versus

Saibaba Trading Company through its prop.

Sanjay R. Agrawal and anr.

..Respondents -- Mr.S.S.Rathi, advocate for applicant -- CORAM : M.T. JOSHI, J.

DATE : DECEMBER 02, 2015 PER COURT :

Heard Mr.Rathi, learned counsel for the applicant. He submits that since the respondent/ accused had issued three different cheques, three different proceedings were filed, which came to be dismissed in default on same day. The complainant

2 15-crappln3715-15.odt was under the impression that the appeal filed against the order in one case, would be sufficient. He submits that upon further instructions from the applicant/complainant, however, it was gathered that two more criminal proceedings were dismissed. In the circumstances, though one of the applications i.e. Criminal Application No.2798 of 2015 was filed within limitation period in this court, filing of present application was delayed by 25 days due to said confusion.

2] In my view, sufficient reasons are made out for condonation of delay. Delay caused in filing the application for grant of leave to file appeal, is hereby condoned. Present application is allowed and disposed of accordingly.

[M.T. JOSHI, J.] kbp