Ankur S/O Ashok Mohod v. State Of Mah. Thr. Pso Ps Hinganghat Dist.Wardha And Another

2024:BHC-NAG:4629-DB Order 2304appp582.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPP] NO. 582 & 583 OF 2024.

Ankur Ashok Mohod -VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri N.R. Takade, Advocate for the Applicant. Shri I.J. Damle, A.P.P. for the Non-applicant No.1/State. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : APRIL 23 , 2024.

Heard.

2.

The applicant is seeking condonation of delay of 175 days caused in filing application for restoration, so also the applicant seeks for restoration of Criminal Application No.492/2022, which was dismissed in default for want of taking necessary steps within stipulated period.

3.

It is submitted that there are several proceedings pending against the applicant and particularly, in present case he did not receive Rgd.

Order 2304appp582.24 copy of charge sheet, that is why he was unable to carry out the amendment. It is further stated that because of financial constraints, he was unable to move for restoration in time. The learned Counsel for the applicant would submit that the applicant has good case on merit and the necessary objections would be complied with.

4.

This Court has considered that the allegations are having flavour of business transaction due to which interim order was also passed. Considering the reasons canvassed, both Criminal Applications are allowed and disposed. The delay is condoned and the Criminal Application No.492/2022 is restored back to file to its original stage.

5.

Issue notice of restoration to the nonapplicants, returnable on 13.06.2024. Learned A.P.P. waives notice for non-applicant no.1.

6.

In the meantime, the applicant to comply with the office objections.

JUDGE JUDGE Rgd.