Vrushali Krushi Kendra Hiwarkhed Thr. Its Proprietor Digambar S/O Motiram Tohare v. Gopal Alias Shrikant S/O Gyandev Sapkal

appa96.21 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.96/2021 IN CRIMINAL APPEAL NO. ............./2021 Vrushali Krushi Kendra ..vs..

Gopal Alias Shrikant s/o Gyandev Sapkal ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri N.R.Tekade, Counsel for the Applicant.

CORAM

: V.M.DESHPANDE, J.

DATED : DECEMBER , 2021 .

1.

This is an application for condonation of delay in preferring an appeal.

2.

Heard learned counsel Shri N.R.Tekade for the applicant.

3.

Notice was issued on this application by this Court (Coram : N.B.Suryawanshi, J.)) on 5.3.2021. 4.

Office note shows that the non-applicant is duly served. In spite of the service, nobody is appearing on behalf of the non-applicant.

5.

The applicant is original complainant. She filed a complaint which was registered as Summary Criminal Case No.561/2017 under provisions of the Negotiable Instruments Act. Learned Judicial Magistrate First Class, Telhara on 30.12.2019 dismissed the said complaint by giving reason that no step was taken by the .....2/-

appa96.21 1 applicant/complainant to secure presence of the accused. 6.

I have gone through contents of the present application which are on affidavit. Statement of facts made remained to be uncontroverted in view of fact that nobody is appearing on behalf of the non-applicant.

7.

After having gone through contents of the application and after having heard learned counsel for the applicant/complainant, I am of view that the applicant/complainant has made out a case for condonation of delay.

8.

Hence, the application is allowed. The delay stands condoned. Office is directed to register the appeal. With this, the criminal application is disposed of accordingly.

JUDGE Digitally signed by BHUSHAN RANA WANKHEDE Date:

2021.12.09 16:49:54 +0530 !! BRW !!

BHUSHAN RANA WANKHEDE ...../-