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Bombay High CourtAPPLN/3719/2016disposed off

Shri Vasant Kondiba Shirsat v. Shri Kedareshwar Sahakari Sakhar

2016-09-29Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap3719.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3719 OF 2016 IN CRIMINAL REVISION APPLICATION (ST.) NO.165 OF 2016 Vasant Kondiba Shirsat ..APPLICANT

VERSUS

Shri Kedareshwar Sahakari Sakhar Karkhana Ltd., Sumannagar, Bodhegaon .RESPONDENT Mr P.R. Nangare, Advocate for applicant;

Mr Ashwin V. Hon, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 29th September, 2016 ORAL ORDER :

Heard.

2.

By the present application, the applicant seeks condonation of delay of 127 days, caused in filing Criminal Revision Application. The applicant is convicted by the learned Magistrate for offence punishable under section 138 of the Negotiable Instruments Act, which was confirmed in appeal. 3.

The prayer for condonation of delay is opposed by the learned Counsel appearing on behalf of the respondent on the ground that delay is not explained properly and the intention was to take benefit of delayed proceedings.

4.

Since the revision is presented against conviction, in my opinion, delay needs to be condoned and accordingly it is condoned.

criap3719.16 (2) 5.

Criminal Application stands allowed.

N.W. SAMBRE, J.) amj