(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 1197 of 2010 (In Criminal Application No. 1196 of 2010) Assistant Collector, Central Excise and Customs, Nanded Division, Nanded, and .. Appellant Having its office near Hingoli Naka, (Original Nanded. complainant) versus Kachrulal s/o. Roopchand Barlota (Jain), Age : 65 years, Occupation : Business, Proprietor M/s. Wanderword Sales Corporation, Opposite Nariman Departmental Stores, Subhash Road, .. Respondent Jalna. (Original accused) ....................... Mr. Alok Sharma, Advocate, for the applicant. Mr. Satyajit S. Bora, Advocate, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH JUNE 2011 (2) COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. This is an application preferred by the applicant for condonation of delay of 414 days caused in filing application seeking leave to file appeal challenging the judgment and order of acquittal, dated 7-8-2008, rendered by the learned Joint Judicial Magistrate (First Class), Court No.1, Jalna, in Regular Criminal Case No. 155/1987. 3. Mr. S.S. Bora, learned Counsel for the respondent, has opposed the present application vehemently and submitted that there is no substance and the same is devoid of any merits and, therefore, the same be rejected. 4. On perusal of the contents of the present application and after considering rival submissions advanced by the learned Counsel for the parties, it appears that the applicant has explained the delay satisfactorily. However, the said delay has not been accounted for by the applicant. Still, in the interest of justice, present application deserves to be allowed, but saddling reasonable costs upon the applicant. (3) 5. In the result, present Criminal Application is allowed in terms of prayer clause "A" thereof, and delay of 414 days caused in filing accompanying Criminal Application stands condoned, however, subject to payment of costs of Rs. 2,500/- [Rupees two thousand five hundred], by the applicant, to the respondent, within a period of four weeks from today, and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka1197