IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.223 OF 2009 IN CRIMINAL APPLICATION NO.3769 OF 2008 Dattatrya Ramchandra Patil .. Applicant V/s. Arun Rangrao Patil & Ors. .. Respondents Mrs.Gauri Jadhav for the Applicant. S.R.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard learned Advocate for the original complainant. 2. It is the application for extension of time already granted by this Court by order dated 9th February, 2009. By the said order conditions was imposed on the applicant original complainant to deposit Rs.7,500/- as costs towards payment to both the original accused Respondents within eight weeks from 9th February, 2009 and 1 on such deposit, leave to appeal was granted and in fact by same order Appeal was allowed and matter was remanded to learned Trial Magistrate for disposal according to law, from the stage it was so pending as on 21st February, 2005. 2. Considering that it is a matter of dismissal of the compliant under section 256 of Criminal Procedure Code, in the interest of justice again one more opportunity can be given , however, subject to imposing of certain costs. Hence the order : :: O R D E R :: i. The present application is allowed. ii. Time to deposit amount of Rs.7,500/- towards the costs for both the original accused, before the Trial Magistrate is extended by four weeks from today and on such deposit there should be compliance by Trial Magistrate of the earlier order of this Court dated 9th February, 2009. iii. Present order is passed on the condition precedent that within two days the applicant to deposit a costs of Rs.1000/- with Legal Services Authority of this 2 Court and on such payment, the present order shall be effective. iv. Present application is, according, disposed of. (A.R. JOSHI, J.) 3