Gopichand S/O Lahau Bharati v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5984 OF 2015 IN CRIMINAL APPLICATION NO. 5983 OF 2015 Gopichand S/o Lahau Bharati .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents ---- Mr. B.A. Dhengle, Advocate for the applicant Mr. N.T. Bhagat, A.P.P. for the respondent-State None present for respondent no.2 though served ---- CORAM : M.T. JOSHI, J.

DATE : 10/02/2016 ORAL ORDER :

Heard Mr. Dhengle.

2.

None appears for respondent no.2 though served. 3.

Delay of 136 days caused in filing the application for leave to file appeal, is sought to be condoned. It was submitted that the applicant i.e. complainant in a proceeding under section 138 of the Negotiable Instruments Act, is an old aged person and is facing several diseases. Therefore, he could not contact his Advocate.

(2) 4.

The applicant is 69 years old. In the circumstances, for the reasons stated in the application, the delay is condoned.

5.

Application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE arp/