Kishor S/O. Namdeo Raut v. Vijay S/O. Wasudeo Haramwar

APPR362-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (APPR) No.362 of 2018 (Kishor Namdeo Raut .vs. Vijay s/o Wasudeo Haramwar and another ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. N.L. Jaiswal, Advocate for Applicant CORAM : Manish Pitale, J.

DATED : July 5, 2019.

This application is filed for condonation of delay of 767 days in preferring the accompanying revision application. The present case arises out of a complaint filed by the respondent no.1 under Section 138 of the Negotiable Instruments Act, 1881. While issuing notice on this application, this Court had granted bail to the applicant on condition of depositing Rs.50,000/- before the trial Court. It is informed by the learned counsel for the applicant that the said condition was duly satisfied by the applicant.

2.

Although the respondent no.1 has been served, there is no appearance.

3.

In the application for condonation of delay, it is pointed out that the counsel appearing for the applicant did not inform the applicant about pronouncement of the impugned judgment and order against him. It is stated that the applicant came to know when the Police Constable visited his house when he was out of station. It is further submitted that

APPR362-18.odt immediately thereafter the applicant took steps to approach this Court. Hence, for the reasons stated in the application, the same is allowed and the delay is condoned.

Criminal Revision No. _______/2019.

In view of the delay being condoned, the OfÏce is directed to register the revision application. 2.

Heard learned counsel for the applicant.

3.

Issue notice, returnable in six weeks.

JUDGE halwai