1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3167 OF 2009 IN CRIMINAL APPLICATION NO.3166 OF 2009 The Maharashtra State Co-operative Marketing Federation, Mumbai ... APPLICANT VERSUS M/s Priyanka Krushi Seva Kendra ... RESPONDENT ----- Shri P.D. Suryawanshi, Advocate for the applicant ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 5th October, 2009. PER COURT : 1. Perused. Heard learned counsel for the applicant. 2. The applicant (original complainant) has preferred the present application for condonation of delay of 19 days in filing the accompanying criminal application for leave, challenging the order 2 passed by learned Judicial Magistrate, First Class, Jalna in S.T.C. No.698/1997, dismissing the complaint for want of prosecution, rendered on 22.6.2009 and discharging the respondent/ accused. 3. It is the contention of the applicant that after passing the aforesaid order on 22.6.2009, the applicant applied for certified copy thereof on 24.7.2009, which was received by the applicant on 13.7.2009. After receipt of the certified copy, the legal opinion was sought from the Advocate at Jalna and thereafter from the Advocate at Aurangabad for filing the criminal application before this Court. It is the contention of the applicant that all the said work of the applicant Federation was looked after by the personnel from legal Section namely Miss Maya Sahuji and even the certified copy of the impugned order was in her custody. 4. However, it is submitted that, on 1.8.2009 Miss Maya Sahuji was admitted in I.C.U. For “Large venus infarct” at Aurangabad in Apex Hospital and since then she is dumb and has lost her capacity to speak. It is also submitted that the other officers were unable to find out the certified copy of the order dated 22.6.2009. Hence the applicant Federation again applied 3 for certified copy of the impugned order on 25.8.2009 and thereafter filed the present proceedings which resulted into 19 days delay in filing the same. The applicant Federation also annexed the medical certificate dated 9.8.2009 to support the aforesaid contentions. 5. Considering the contents of the application and more particularly considering the contents of paragraph No.2 thereof, it appears that, the delay of 19 days caused in filing the accompanying criminal application is not deliberate, willful and intentional and it is certainly not inordinate. The medical certificate annexed by the applicant at Exhibit A also substantiates the contention of the applicant in respect of illness of the personnel belonging to Legal Department namely Miss Maya Sahuji, which ultimately culminated into the delay in filing the accompanying criminal application. 6. Moreover, opportunity is required to be given to the applicant to prosecute the accompanying criminal application on its own merits and no prejudice would be caused to the respondent since the respondent would get the opportunity to 4 contest the same on merits. Hence, the interest of justice requires that present application is required to be allowed and delay of 19 days caused in filing the accompanying criminal application is required to be condoned. 7. In the result, present criminal application is allowed in terms of prayer clause (B) thereof and 19 days delay caused in filing the accompanying criminal application stands condoned. [ SHRIHARI P. DAVARE, J.] fmp/cri3167.09