Allowed
Dnyanupuri (Dnyandeo) Bhaupuri (Bhau) Gosavi v. Tuljabhavani Wind Farms Pvt. Ltd. and Ors.
Bombay HCAPPLN/12/2014
Case brief
from the order text
What is this about?
IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
What the court decided
AI extract
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23.APPLN.12-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION [APPLN] NO.12 OF 2014
Shri Dnyanupuri [Dnyandeo] Bhaupuri [Bhau] Gosavi
Versus Tuljabhavani Wind Farms Pvt. Ltd. and another.
..Applicant
..Respondents
Mr. Siddharth Gadve i/b. Vijay Killedar, for the Applicant. Mrs. P.P. Bhosale, APP, for the Respondent – State. Ms. Tanaya D. Goswami, for Respondent No.1.
CORAM : A. R. JOSHI, J. DATE : 26th JUNE, 2015
P.C.
condonation of delay of 180 days in preferring the appeal challenging the acquittal of the respondent No.1 in the matter of offence punishable under Section 138 of Negotiable Instruments Act. The grounds are mentioned in para5 of the application as to the poverty and consumption of time in engaging Lawyer at
Mumbai and briefing him and arranging for money. Considering these grounds, the delay is condoned. Application is allowed. Office to register the application for leave to file appeal. Learned Counsel for respondent No.1 prayed for time to
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23.APPLN.12-14.doc
argue on the application for leave to appeal preferred by the applicant. Application for leave to appeal be placed on 17th July, 2015. Learned Counsel for respondent No.1 and learned APP for respondentState to waive service of the application for leave to appeal.
Deshmane (PS)
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2 issues framed by the court
Whether 180 days delay in preferring appeal challenging acquittal regarding Section 138 offence warrants condonation.
Whether grounds of poverty and consumption of time are sufficient to condone delay in filing appeal.
1 provisions across 1 enactments
Shri Dnyanupuri [Dnyandeo] Bhaupuri [Bhau] Gosavi
Tuljabhavani Wind Farms Pvt. Ltd.
State of Maharashtra
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court