Bombay High CourtAPPP/1131/2014allowed

The Vidarbha Co-Operative Marketing Society Ltd. Nagpur Thr. Its Branch Manager P.V. Pararskar v. Shriram Krushi Sewa Kendra, Parsapur, Amravati Through Its Proprietor Avinash Ramraoji Chitrakar

2015-04-16Hon'Ble Shri Justice P.B. Varale2 pages

appa.435.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPP] No.1131 of 2014 in Criminal Application [APPA] No.435 of 2014 (The Vidarbha Co-operative Marketing Society Limited, Nagpur vs.

Shriram Krushi Sewa Kendra, Pasapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: PRASANNA B. VARALE, J.

DATE : APRIL 16, 2015.

Heard Mr. T.U. Tathod, the learned Counsel for the applicant.

By the present application, the applicant/appellant is seeking condonation of delay of three days caused in filing the appeal challenging the judgment and order passed by the learned Judicial Magistrate First Class in Summary Criminal Case No.3238/2004 thereby acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

The learned Counsel for the applicant, by inviting my attention to the reasons stated in the application and more particularly at paragraph 3, submits that as the concerned officer, who was to instruct the Counsel and was to swear the

appa.435.14 2/2 affidavit, was not keeping good health and attended the learned Counsel after a week, when the appeal was drafted. The learned Counsel submits that the delay of three days caused in filing the appeal is purely unintentional and for the bona fide reasons.

The notice was issued to the respondent sole. Though the respondent sole is represented through Counsel, none appears for the respondent nor any reply to the application is filed opposing the same.

In view of the submission of the learned Counsel for the applicant and for the reasons stated in the application, the application is allowed and the delay is condoned. JUDGE *sdw