Shrikrushna S/O. Rupchand Wagh v. Rajesh S/O. Jagatrao Rambhekar

14.03.APPA.938.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.938/2018 IN CRIMINAL APPLICATION NO........./2018 IN CRIMINAL APPEAL NO........2018 (Shrikrushna Rupchand Wagh vs.Rajesh Jagatrao Rambhekar ) ...................................................... ........................................................................... ...

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. N.S. Warulkar, Advocate for the applicant Mr. Jagirdar, Adv. for respondent CORAM : MRS.SWAPNA JOSHI, J.

D ATED :14th March, 2019.

This is an Application seeking condonation of delay of 294 days in filing the Appeal.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay, subject to payment of costs of Rs. 500/- to be deposited with Vidarbha Lady lawyers' Association, Nagpur.

In view thereof, the delay in filing the Appeal is condoned. The Criminal Application is allowed and disposed of. So far as application seeking leave is concerned, since the issue whether the Appeal against acquittal would lie before the District Court under section 372 or before this Court under section 378(4) of the Cr.P.C. is pending before the Hon'ble the Chief Justice, stand over after six weeks.

JUDGE Sahare