Vandana W/O. Vasantrao Giradkar vs Kawadu S/O. Laxman Dhage
2024 Latest Caselaw 24216 Bom

Bombay High Court

Vandana W/O. Vasantrao Giradkar vs Kawadu S/O. Laxman Dhage on 16 August, 2024

2024:BHC-NAG:9127



         60.appa.287.23.odt                                                                                 1


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

                                CRIMINAL APPLICATION NO.287 OF 2023
                       (Vandana w/o Vasantrao Giradkar Vs Kawadu s/o Laxman Dhage)
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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 R. Deshpande, Advocate h/f Mr. R.R. Rajkarne, Advocate for the appellant.
                                  Mr. M.V. Rai, Advocate for the respondent.

                                                   CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- AUGUST 16, 2024

By this application, the appellant is seeking condonation of delay which is caused in preferring the appeal against acquittal.

2. Learned Counsel for the appellant submitted that the present appellant has filed a criminal complaint bearing S.C.C. No.888/2017 under Section 138 of the Negotiable Instrument Act, 1881.

3. Learned trial Court has acquitted the accused by judgment dated 03/10/2022. After passing of the judgment, the appellant approached to the trial Court for obtaining the certified copies and thereafter on several times he tried to contact the Counsel but could not and thereafter he was also connecting the necessary documents, and therefore, could not file the appeal within time.

4. The reason is satisfactory and justifiable one. In view of that, the delay is caused to be condoned.

5. Learned Counsel for the respondent strongly opposed the application on the ground that the reasons

mentioned for the delay is not satisfactory and justifiable one. In view of that, the application deserves to be rejected.

6. I have heard learned Counsel for the parties. Perused the recitals of the application from which it reveals that the applicant who is a lady was collecting the documents as well as she could not contact with her Counsel, and therefore, delay is caused. It is well settled that while considering the delay application the liberal approach is to be adopted and not the pedantic. The reasons appears to be just and reasonable.

7. In view of that, delay is caused in preferring the appeal is hereby condoned.

8. The application is disposed of.

9. The application for leave to file appeal be registered.

10. On registration of the appeal, notice be issued to the respondent, returnable after four weeks.

11. Mr. Rai, learned Counsel waives notice for the respondent.

12. Learned Counsel for the appellant shall furnish the relevant documents and the copy of the application to the other side.

(URMILA JOSHI-PHALKE, J.) *Divya