The court condoned an eight-day delay in filing an appeal by the applicant. It granted time to serve notice on the respondent and deferred the hearing of the appeal to a future date.
Condonation of delay of eight days granted; appeal to be heard on appointed date after service of documents.
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31-appln-135-14.doc
Ladda
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 135 of 2014.
Shrimati Aasha Madhukar Patil Vs. Anandrao Shripati Patil and ots.
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or Court’s or Judge’s orders directions and Registrar’s orders
Shri Mayur Masurkar a/with Vinod Sangavikar Advocate i/by U.R.Mankapure, for the applicant. Smt. V.S. Mhaispurkar, APP for the State.
CORAM: A.R.JOSHI, J.
DATED: 31st October,2014
Heard learned counsel for the applicant on this application for condonation of delay of eight days in preferring the appeal along with application for leave to file appeal challenging the acquittal of respondent No.1 in the matter of offence punishable under section 138 of Negotiable Instruments Act. As per the office record notice issued to respondent No.1 was duly served. However, none present for respondent No.1. Hence, for the reasons mentioned in the
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31-appln-135-14.doc
application delay of eight days is condoned. Application for leave to file appeal is to be heard on the next date. In the meantime, the applicant to serve the respondent No.1 by all possible modes and also by RPAD along with the application for leave and the appeal memo and file affidavit to that effect within a period of four weeks. Application for condonation of delay is accordingly disposed of. Appeal to stand over on 28th November, 2014.
(A.R.JOSHI, J.)
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2 issues framed by the court
Whether to condone a delay of eight days in preferring an appeal against acquittal.
Whether to grant leave to file an appeal in a matter involving Section 138 of the Negotiable Instruments Act.
Shrimati Aasha Madhukar Patil
Anandrao Shripati Patil
A.R.JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
