1 crapn4538.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4538 OF 2010 (For delay) WITH CIVIL APPLICATION NO.4537 OF 2010 (Leave to appeal) Nilesh s/o Laxmandas Dara, Age: 20 years, Occ: Business, R/o. Sindhi Colony, Kanwar Nagar, Jalgaon, Tq. & Dist.Jalgaon. ...APPLICANT VERSUS Shri. Bhagwandas s/o Jehumal Matani, Age: 51 years, Occ: Business, R/o. 431, Sindhi Colony, Kanwar Nagar, Jalgaon, Tq.& Dist. Jalgaon. ...RESPONDENT ... Mr. R.J. Katariya, Advocate for applicant. ... CORAM: S.S. SHINDE, J. DATE : 22ND FEBRUARY, 2011 PER COURT : Heard learned Counsel for the applicant. 2 crapn4538.10 2. This is an application filed by the applicant, for condonation of 1692 days delay. 3. The reason given in the application is that, there was oral assurance from the respondent to the applicant that he is going to settle the matter outside the Court and relying on the oral assurance, the complainant did not take steps to restore the complaint. 4. Since the complaint was dismissed for default on 10-01-2006, in my opinion, no sufficient cause has been shown to condone the delay. That apart, it was between the respondent and complainant, however, the fact remains that the complaint was dismissed for non prosecution on 10-01-2006. In this view of the matter, the application stands rejected. 5. In the light of rejection of the Criminal Application No.4538 of 2010 for condonation of delay, nothing survives for consideration in the 3 crapn4538.10 Criminal Application No.4537 of 2010 for leave to appeal and same is disposed of accordingly. [ S.S. SHINDE, J.] sut/feb11/crapn4538.10