Mrs. Ujwala Uttam Gaonkar. v. Shri Suresh Vinayak Azgaonkar @ Suresh Morajkar.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 293 OF 2014 IN STAMP NUMBER MAIN NO. 2818 OF 2014 MRS. UJWALA UTTAM GAONKAR.

... Applicant

Versus

SHRI SURESH VINAYAK AZGAONKAR @ SURESH MORAJKAR.

... Respondent Mr. Vivek Angelo Rodrigues, Advocate for the applicant. None present for the respondent, though served. Coram:- U. V. BAKRE, J.

Date:- 4th February, 2015 P.C.

Heard Mr. Rodrigues, learned Counsel for the applicant. Learned Counsel for the respondent is absent.

2. By this application, the applicant has prayed for condonation of delay of 5 days in filing appeal against the judgment and order dated 14/08/2014 passed by the learned Judicial Magistrate, First Class, Quepem in Criminal Case No. 36/NIA/2010/A. Vide the said judgment, the respondent has been acquitted of the offence punishable under Section 138 of the N. I. Act. No reply has been filed resisting the application, which is supported by affidavit of the applicant.

3. In view of the reasons stated in the application, which reasons are uncontroverted, I hold that sufficient cause has been shown for condoning the delay.

CRMA/293/2014

4. In the result, delay in filing the appeal against the judgment and order dated 14/08/2014 in Criminal Case No. 36/NIA/2010/A is condoned. Let the appeal be registered.

5. Application stands disposed of.

U. V. BAKRE, J.

SMA