1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1299 OF 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram: P.R. Borkar, J. Date : March 08, 2010 1. Heard Shri R.S.Shinde, Advocate for the applicant. None for the respondent although served. 2. Applicant seeks condonation of delay of 790 days in filing application for leave to file appeal and also appeal against the order of acquittal passed on 20.12.2003 by the learned 6th J.M.F.C., Dhule in S.T.C.C. No.2752 of 2001. 3. It is submitted that the time of passing said order, the complainant was suffering from malaria. After recovering health, he approached his Advocate. He 2 applied for copies, but thereafter he again suffered from malaria and thus could not file proceedings. 4. According to the learned counsel, on medical advice the applicant was advised bed rest during the period 18.12.2003 to 31.12.2003. Under the circumstances, the applicant could not remain present in court on 20.12.2003 when the complaint was dismissed. 5. Thereafter, on 19.4.2004 complainant filed Criminal Miscellaneous Application No.230 of 2004 for setting aside the order of dismissal for want of prosecution. However, that application was rejected by the learned Magistrate on 2.3.2006, observing that he had no right to recall the said order. 6. Thereafter, present appeal is filed within 45 days. So, it is 3 submitted that under Section 14 of the Limitation Act, since petitioner was pursuing other remedy bonafide under advise of his advocate, the delay from 19.4.2004 to 2.3.2006 be condoned. The applicant was absent for bonafide reasons and had acted as per advise of his Advocate. So delay may be condoned. 7. Considering the explanation given, application allowed. Delay condoned. pnd/criap1299.06 (P.R.BORKAR, J.)