1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1550 OF 2009 Kairoos Minoo Bhaya Applicant versus Chintan H. Kanakia and another Respondents B.A.D'lima i/by M/s.Dlima Associates for applicant. H.J.Dedhia, APP for State. Manoj S. Mhambrey for respondent no.1. CORAM : A.S.OKA, J. DATE : 13th July 2009 PC : 1. Heard learned counsel for the applicant and learned counsel for the first respondent. Notice for final disposal was issued on 23rd April 2009. 2. The challenge in this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code") is to an order dated 10th February 2009 passed by the learned Additional Sessions Judge who declined to condone the delay in filing the revision application. The revision application was filed for challenging an order of issue of process passed in a private complaint filed by the first respondent. 2 3. On 1st July 2007 the applicant was served with the summons of the complaint. On 23rd January 2008, the applicant filed an application under section 482 of the said Code of 1973 in this Court for challenging the order of issue of process. It appears that the said application filed in this Court was withdrawn by the applicant on 24th March 2008 with liberty to file a revision application. Thereafter the revision application was filed before the Sessions Court on 5th April 2008 along with an application for condonation of delay. The learned Judge held that no reasons have been assigned by the applicant for the delay up to 23rd January 2008. 4. The opposition of the counsel for the first respondent to this application is mainly on the ground that on 29th September 2007 limitation for filing a revision application against the impugned order of issue of process had already expired and there is no explanation whatsoever given by the applicant as to why he waited till 23rd January 2008 to file a criminal application in this Court. He submitted that as the criminal application filed in this Court was after expiry of stipulated period of limitation for filing the revision application, the time spent in prosecuting the said criminal revision application filed in this Court cannot be excluded. He, therefore, submitted that no interference is called for. 5. I have considered the submissions. The learned Additional Sessions Judge has noted that the summons was served to the applicant on 1st July 2007 and the application in this Court was filed on 23rd 3 January 2008. In an application under section 482 of the said Code of 1973 the first respondent could not have raised the objection of limitation. The criminal application under section 482 of the said Code filed by the applicant was withdrawn perhaps because of the law laid down by this Court which was prevailing at the time that unless efficacious remedy of filing a revision application is exhausted, the petition for quashing cannot be entertained. The said law is now no longer a good law. 6. It is well settled that while deciding an application for condonation of delay the Court will have to adopt liberal and justice oriented approach. In this case the Additional Sessions Judge could have always condoned the delay by awarding costs for compensating the first respondent. In my view, considering the facts of the case, the application for condonation of delay deserves to be allowed subject to payment of costs of Rs.5,000/-. 7. Hence, I pass following order :- (a) The impugned order dated 10th February 2004 is quashed and set aside and Criminal Miscellaneous Application No.25 of 2008 filed by the applicant is allowed subject to applicant paying costs of Rs.5,000/- (Rs.Five thousand only) to the first respondent within four weeks from today; (b) Payment of costs will be condition precedent. If the cost amount is not paid or deposited within the stipulated time, the present criminal 4 application will stand dismissed for non prosecution; (c) If compliance is made, the concerned Court will decide the revision application expeditiously. (A.S.OKA, J.)