Sau Maya Motiramji Shere vs Sau Maya Shivnandan Mor
2021 Latest Caselaw 17251 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             : NAGPUR BENCH : NAGPUR.

                    CRIMINAL APPLICATION (APPA) NO. 957 OF 2019
                                        IN
                        CRIMINAL APPEAL NO.       OF 2021
                                   SAU. MAYA MOTIRAMJI SHERE
                                             VERSUS
                                   SAU. MAYA SHIVNANDAN MOR
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Ms. Pranita Lakhani, Advocate h/f Mr. M. P. Kariya, Advocate for the
                          applicant.
                          Mr. S. S. Chavhan, Advocate for the non-applicant sole

                                  CORAM : V. M. DESHPANDE, J.

DATE : DECEMBER 10, 2021.

1. Heard Ms. Pranita Lakhani, learned counsel holding for Mr. M. P. Kariya, learned counsel for the applicant and Mr. S. S. Chavhan, learned counsel for the non-applicant.

2. This is an application for condonation of delay.

3. The applicant is the original complainant. She filed proceedings against the non-applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate before whom the trial was conducted, after appreciating the case of the complainant and the defence of the non-applicant, acquitted the non-applicant. The applicant, therefore, preferred present appeal before this Court challenging the judgment and order of the trial Court. However, there is delay in preferring the appeal. The delay is of 77 days.

4. The non-applicant has filed reply opposing the application.

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5. After hearing the learned counsel for the applicant and the learned counsel for the non-applicant and after having gone through the relevant pleadings in the application for condonation of delay as well as reply, I am of the view that the delay needs to be condoned since the applicant has made out a case for condoning the delay.

6. In that view of the matter, the application is allowed. Delay of 77 days in preferring the appeal stands condoned. Office is directed to register the appeal.

7. The application is disposed of.

JUDGE Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:10.12.2021 17:00