1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4490 OF 2010 Jawaharlal Mithu Gupta .Applicant V/s. Rameshwar Prasad Gupta & anr. .Respondents Mr.K.C.Pandey, Advocate, for the Applicant Mrs.M.R.Tidke, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 23RD NOVEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. Though respondent No.1 has been duly served none appears for the respondent No.1. This is an application for condonation of delay of four years and 29 days in seeking leave to file an appeal against Judgment of acquittal by the learned Spl. Metropolitan Magistrate, Vikroli. The learned counsel for the applicant states that the applicant was prosecuting wrong 2 remedy before wrong forum. Therefore, his time was lost. Since the respondent was not contesting this application, for the reasons mentioned in the application, application is allowed. Delay is condoned. List the application for leave to file an appeal after two weeks i.e. 7th December, 2011. (R.C.CHAVAN, J.)