1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.2857/2008 IN CRIMINAL APPEAL NO.568/2008 M/s. Wankhede Transport, Proprietor Diwakar s/o Nilkanth Wankhede ...Versus... M/s. Victor Erectors Proprietor, Shri P.B. Sharma -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri N.N. Motghare, Adv. for applicant] [Shri V.B. Palorkar, Adv. for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 19.03.2009 This is an application for condonation of delay of 528 days in filing application for special leave to file appeal. Heard learned Counsel for the applicant and learned Counsel for non-applicant. Learned Counsel for applicant candidly admits that instead of filing appeal against dismissal of complaint, which resulted into acquittal of the accused/non-applicant, he filed application under Section 482 of the Code of Criminal Procedure in this Court under a wrong notion. It is for this reason according to him delay of 528 days occurred. 2 Learned Counsel for non-applicant opposes the application on the ground that the reason is not sufficient and at any rate the complainant remained absent before the trial Court and that is why the complaint stood dismissed. Looking to the fact that the amount of cheque is only of Rs.30,000/- and since learned Counsel for the applicant himself has candidly admitted about the wrong filing in this Court, it would be appropriate to condone the delay as the applicant should not suffer for the fault of Advocate. Hence, I am inclined to make the following order. Criminal Application is allowed. Rule is made absolute in terms of its prayer clause, subject to payment of Rs.2,000/- (Rupees Two Thousand Only) to the non-applicant, payable by Advocate Shri Motghare. JUDGE ssw