Abdul Azizbhai S/O Umarbhai Opai v. Shri Mahesh Parmanand Uttamani Proprietor Of M/S Annad Agency

23appa683.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 683 OF 2024 I N CRIMINAL APPEAL STAMP NO. 5840 OF 2024 Abdul Azizbhai s/o Umarbhai Opai (deceased) thr. his legal representatives Yunusbhai s/o Azizbhai Opai Vs Mahesh Parmanand Uttamani thr. its Proprietor. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. C.F. Bhagwani, counsel for applicant/appellant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 25/07/ 4.

1.

By this application, the applicant is seeking condonation of delay, which is caused in preferring the appeal against the acquittal.

2.

As per the contention of the applicant that, the complaint was filed through power of attorney, and his power of attorney went to Hyderabad for some urgent work therefore, he could not approach the counsel, and not preferred the appeal within time. Hence, there is just and reasonable cause for condonation of delay.

3.

Considering the reasons mentioned in the application and the well settled principal that the liberal approach is to be taken while considering the delay application, the delay is condoned. The application is allowed.

rkn

23appa683.2024.odt 4.

The application for leave to file appeal be registered.

5.

On registration of the application, notice be issued to respondent.

6.

Stand over after four weeks.

[URMILA JOSHI-PHALKE, J.] rkn