Laxman Krushnarao Dhakate v. Mohd. Imran Rizwi S/O Abdul Sattar Rizwi

1 appa 946.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPA) No.946/2019 (Laxman Dhakate V Mohd. Imran Rizwi) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Ms A.P. Murrey, Adv for applicant.

Ms Shilpa R. Asher, Adv for respondent.

CORAM : S.M. MODAK, J.

DATE : 09-03-2020.

The learned Advocate for the respondent-accused seeks time to file reply to the delay condonation application. Learned Advocate for the appellant also seeks time. When asked about the averments made in the application, learned Advocate for the respondent was kind enough to assist the Court. She has objected for condoning the delay.

2.

The judgment was delivered on 09-05-2019. Copy was supplied on 03-06-2019 and delivered on 11-06-2019. That period needs to be excluded. The appellant has sought time for obtaining the copies of depositions. It was applied on 20-08-2019 and delivered on 17-09-2019. Copies of depositions are not required for accepting the appeal but, it may be required for the concerned Advocate to draft an appeal. So what I transpire is that the appellant took time to collect the papers which is the requirement by the learned Advocate. The amount of cheque is of Rs. 3,50,000/-. Hence, the delay can be condoned subject to the costs. Hence, the order.

O R D E R

(a) The delay of 103 days is condoned.

2 appa 946.19 (b) The appellant to pay costs of Rs. 1000/- to the respondent within 15 days.

(c) Subject to that the appeal may be numbered Criminal Appeal No. /2020 Matter be kept on 30-03-2020 for hearing the parties on the point of grant of leave to prefer an appeal. The appellant to supply the necessary documents to the respondent in time. Notice on respondent is awaited.

(S.M. Modak, J.) Deshmukh