Single Judge of Bombay High Court allowed Criminal Applications regarding condonation of a 34-day delay in filing an appeal against an acquittal under Section 138 NI Act, granting costs.
Delay of 34 days condoned; costs of Rs. 1000/- to respondent No.1 within two weeks; to be listed for leave to file appeal.
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1Appln 351-12.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.351 OF 2012
WITH
CRIMINAL APPLICATION NO.352 OF 2012
Sunil Narayan Tegninamni.Applicant
V/s.
Dilip Sadashivrao Desai & ors.Respondents
Mr.Amit Shetye, Advocate, for the Applicant
Mr.Anand S. Patil, Advocate, for Respondent No.1
Mrs.M.R.Tidke, APP, for the Respondent - State
CORAM:R.C.CHAVAN, J.
DATE:10TH JULY, 2012
P.C.
respective parties.
2.These are the two applications for
condonation of delay of 34 days in seeking leave
to file an appeal against Judgment of the
learned Judicial Magistrate F. C., Kolhapur
acquitting respondent No.1 of the offence
punishable under Section 138 of the Negotiable
2Appln 351-12.odt
Instruments Act, 1881. Though the learned
counsel for respondent No.1 has a very strong
objection, for the reasons mentioned in the
application, application is allowed. Delay is
condoned subject to applicant's depositing costs
quantified at Rs.1000/- in each of the
application. Costs be paid to respondent No.1
within a period of two weeks. If the costs are
paid, list the application for leave to file an
appeal after two weeks.
1 issue framed by the court
Whether delay of 34 days in seeking leave to file an appeal against an acquittal order can be condoned.
Sunil Narayan Tegninamni
Dilip Sadashivrao Desai & ors.
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court