1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 2635/2009 in Criminal Revision No. /2009 Dr. Sudeshmukar Umesh Jha ..vs.. State of Maharashtra and ors. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Sudhir Malode, Advocate for applicant. Mr. Yengal, A.P.P. for non applicant nos. 1 and 2. None for non applicant no.3 CORAM:- R. Y. GANOO, J. DATED:- 8 th SEPTEMBER, 2009 1. By this application, the applicant wants that delay in filing Criminal Revision against order dated 07.03.2007 passed by learned Additional Sessions Judge, Washim in Criminal Appeal No. 22/2002 be set aside. 2. Non applicant no.3-original complainant, has not appeared though he has served. This factor goes in favour of the present applicant. 3. It is seen that the present applicant paid to non applicant no.3 a sum of Rs. 45,000/- towards settlement amount as the matter was compromised but because some formalities could not be worked out the matter was not compounded and the appeal remained pending before the learned Additional Sessions Judge, Washim. It is seen that 2 the said appeal came to be dismissed as applicant remained absent. Only after the appeal came to be dismissed and warrant of arrest came to be issued by learned Judicial Magistrate First Class, the applicant realised that the appeal has been dismissed. 4. Keeping in view various developments, I am inclined to take lenient view and allow this application, though delay, as it is appeared to be of 768 days. In view of this, this is a case where the Court should interfere and allow the applicant to contest the revision on merits. 5. In view of above, following order is passed. Application for condonation of delay in filing Criminal Revision is granted. The delay is condoned. Office to number the revision and place it for admission on 17.09.2009. JUDGE kahale