Osmanabad District Central Co-Op. Bank ... vs The State Of Maharashtra And Others
2024 Latest Caselaw 23680 Bom

Bombay High Court

Osmanabad District Central Co-Op. Bank ... vs The State Of Maharashtra And Others on 12 August, 2024

2024:BHC-AUG:17823
                                                 1               47-Cri.Appln.3706-23.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                             47 CRIMINAL APPLICATION NO. 3706 OF 2023
                                      IN REVNST/10276/2023

                           OSMANABAD DISTRICT CENTRAL CO-OP. BANK LTD.,
                          OSMANABAD THROUGH VIJAY SHANKARRAO GHONSE
                                             VERSUS
                              THE STATE OF MAHARASHTRA AND OTHERS

                                                     ...
                            Advocate for Applicant : Mr. Ghatol Patil Shahaji B.
                            APP for Respondent/s-State : Mr. S. B. Pulkundwar.
                           Advocate for Respondent No.2 : Mr. Kotkar Sanjay D.
                                                     ...

                                              CORAM :      S. G. MEHARE, J.
                                              DATE :       12.08.2024

                     PER COURT :-


                     1.     Heard the respective learned counsels.


                     2.     The    learned   Trial   Court    has    acquitted       the

                     respondent/accused. Against the said acquittal, the State has

                     preferred the appeal. It was also dismissed. The applicants

                     have the explanation that since they were not aware of the

                     impugned judgments and orders, the delay has been caused.

                     After getting the knowledge, they applied for certified copies

                     and approached this Court.      Due to no knowledge of the

                     impugned order, delay of 287 days have been caused. The

                     application is bonafide. They have good chances of success in

                     criminal revision application. Hence, delay may be condoned.
                              2               47-Cri.Appln.3706-23.odt




3.    Learned counsel for the accused has strongly opposed

the application. He would submit that the delay has not been

properly explained and there are two judgments of acquittal.

Hence, there is no substance in the revision application.

Therefore, the delay could not be condoned.


4.    Perused the application. There appears reasons for delay.

Normally, the complainant not made aware of the judgments in

the State case. Therefore, possibility of knowing about the

impugned judgments immediately cannot be ruled out. The

reasons for delay appears genuine and bonafide. Hence, the

following order :

                            ORDER

(i) The application is allowed.

(ii) Delay caused in preferring the revision application

stands condoned.

(iii) Office to register the criminal revision application

according to law.

(iv) Learned APP waives the service of notice for

respondent/State.

(v) Learned counsel Mr. Kotkar waives service of

notice for respondent No.2.

3 47-Cri.Appln.3706-23.odt

(vi) Stand over to 18.09.2024.

(S. G. MEHARE, J.)

...

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