Shivaji Dattatraya Vayvhare vs. Shankar Dattatraya Vayvhare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 421 OF 2012

Shivaji Dattatray Vyavahare ...Applicant

V/s.

Shankar Dattatraya Vyavahare & anr. ...Respondents

Mr. Sandeep S. Salunkhe ,Advocate, for the Applicant. Mr. Ajay A. Joshi , Advocate for the Respondent No.1. Mr.A.S. Shitole, APP, for the Respondent – State .

CORAM: A.R. JOSHI, J. DATED: 10th December, 2012.

P.C.

• 1. Heard rival submissions on this application for condonation of delay of 70 days in preferring the appeal challenging the judgment and order of acquittal of respondent No.1 in the matter of offence punishable under Section 138 of Negotiable Instrument Act.
• 2. For the reasons mentioned in the application as to missing of the case file, the delay is condoned.
• 3. Application is accordingly disposed of.
• 4. The application for leave to file appeal is stand over till

17th December, 2012.

5. Learned advocate for respondent No.1 waives service of the said application. So also learned APP for the State waives service.

(A.R. JOSHI, J.)