Dismissed
Maharashtra Agro Indsutries Development Corporation Ltd. v. Vijay Alagh and Anr.
Bombay HCAPPP/173/2009
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HIGH COURT OF JUDICATURE AT BOMBAY IN THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 173 OF 2009
IN
CRIMINAL APPLICATION No. 204 OF 2007
IN
CRIMINAL APPLICATION No.1172 of 2007
Maharashtra Agro Industries Devt.
Corporation Ltd. ..Applicant.
vs.
Vijay Alagh. ..Respondent.
None for the applicant.
Mr A.S. Shitole, A.P.P.for the State.
CORAM: A.R. JOSHI,J.
DATED : 20TH APRIL,2009.
P.C.:-
1. None appears for the applicant.
Earlier present matter stood dismissed on 9th
March, 2009, as the order of said date was not
complied within four weeks for taking steps
against the original accused - respondent no.1.
It is matter filed for leave to appeal against
acquittal of original accused - respondent no.1
in the matter of Section 138 of the N.I.Act, in
which there is delay of 155 days in preferring
appeal.
2. Moreover, as mentioned above, matter
appears to have been already dismissed as on
9th March, 2009 in view of the order of this
Court dated 9.2.2009. Hence, there is nothing
to entertain the present application No. 173
of 2009 which is for the prayer to allow the
service of the notice of the aforesaid
application for condonation of delay alongwith
application for leave to appeal on respondent
no.1.
3. Vide order dated 9.2.2009 this Court
has already granted four weeks time to serve
the respondent No.1. The said order was not
complied with. However, the present
application is preferred on 13.3.2009 and today
also nobody appears for the applicant. Hence,
accordingly application is disposed of as
entire matter is already dismissed by an order
dated 9.2.2009.
(A.R.JOSHI,J.)
2 issues framed by the court
Whether to condone the delay of 155 days in preferring leave to appeal against acquittal under Section 138 of the N.I. Act.
Whether to allow service of the notice of application for condonation of delay alongwith application for leave to appeal.
Maharashtra Agro Industries Devt. Corporation Ltd.
Vijay Alagh
A.R. JOSHI
As recorded by the court registry
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