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Bombay High CourtAPPLN/6371/2013application allowed

Abhay Shantilal Kankriya v. M/S Sarda Cloth Stores Through It Partner

2015-09-02Hon'Ble Shri Justice M.T. Joshi2 pages

criapln6371-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6371 OF 2013 IN CRIMINAL APPLICATION NO. 6370 OF 2013 WITH CRIMINAL APPLICATION NO. 6370 OF 2013 (Abhay Shantilal Kankriya Vs. M/s Sarda Cloth Stores through its Partner) ---- Mr. Anand P. Bhandari, Advocate for the applicant Mr. R.R. Mantri, Advocate holding for Mr. R.R. Sancheti, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 02/09/2015 ORAL ORDER :

1.

Mr. A.P. Bhandari, learned counsel for the applicant, submits that leave to correct the title of both the present applications as regards respondent on the line of the array of the respondent in the trial court, may be granted. Leave as prayed for is hereby granted. The necessary correction in both the applications be carried during the course of the day. 2.

Heard both sides.

3.

By the present application, the delay of 51 days caused in filing criminal application for grant of

criapln6371-2013 leave to file appeal against acquittal from the offence punishable under section 138 of the Negotiable Instruments Act is sought to be condoned.

4.

For the reasons stated in the application, the delay in filing application for leave to file appeal is hereby condoned. The application is accordingly allowed and disposed of.

5.

With consent of both sides, the application for leave to file appeal, bearing Criminal Application No. 6370/2013 be fixed for hearing on 21st September, 2015. [M.T. JOSHI] JUDGE npj/criapln6371-2013