Munnalal S/O Bihariram Mishra v. Rohitkumar S/O Munnalal Mishra

1 appa84.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No. 84 of 2016 Munnalal v. Rohitkumar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Radha Mishra, Mishra, Advocate for applicant Coram : S. B. Shukre, J Dated : October 3, 2016 1.

Heard learned counsel for the applicant. None appears for the respondent, though duly served. 2.

There has been delay of 5 years 10 months and 9 days in preferring the appeal. However, from the copy of the Roznama filed on record, it appears that the delay was on account of the fact that the complaint case was transferred from one Court to the another which resulted in applicant losing track of the case. It is thus seen that there are no malafides involved and the applicant was restrained from filing appeal for the reasons beyond his control. In this situation, I am of the view that the delay has been reasonably explained.

3.

Application is, therefore, allowed. Delay occurred in this case is hereby condoned. Application stands disposed of. Appeal be registered.

4.

Criminal Appeal : Issue notice to the respondent, returnable on 24.10.2016.

JUDGE joshi

2 appa84.16 Certificate and correct copy of original signed judgment/order. Uploaded by :

H S Joshi, Ps to Hon'ble Judge Uploaded on :

4/10/2016