* 1 * Cri.Appln.352.2010 12.1.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 352 OF 2010 IN CRIMINAL APPLICATION NO. 8 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Mr. Sharad Damodar Sawant .......Applicant V/S. Kishore Suryakant Sawant & anr. .........Respondents * * * * * * Ms. Fatima h/f. Mr.A.M. Saraogi, Advocate for the applicant. Mr. A.A. Joshi, Advocate for respondent no.1. Ms. V.R. Bhosale, APP for State-respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 12 January, 2011. P.C. : 1. This is an application for restoration of Criminal Application No. 8 of 2008 which was dismissed on 4th April, 2008 for non- compliance with the directions as regards the service of notice of * 2 * Cri.Appln.352.2010 12.1.2011 the application upon the respondent. Criminal Application No. 8 of 2008 was for condonation of delay in filing the Appeal. There is delay of about 3 years in filing the present application and the applicant seeks condonation of that delay also. In the entire application, there is no explanation offered by the applicant for not complying with the directions given by this Court on 4th April, 2008 regarding service of notice upon respondent no.1. As regards the delay in filing the present application, it has been vaguely stated in the application that the applicants had made enquiry with the department of the Court some time by the end of April, 2010 when he was informed that his appeal had been admitted on 4th April, 2008 and thereafter there was a self operative order passed in respect of the proceedings against the respondents. As the applicant failed to file the necessary affidavit of service, the appeal came to be dismissed for want of prosecution. These averments made in the application are contrary to the record. There was no question of admission of the appeal by this Court on 4th April, 2008 as the application filed by the applicant for condonation of delay in filing of the appeal was not yet decided. The direction given by the Court on * 3 * Cri.Appln.352.2010 12.1.2011 4th April, 2008 was regarding service of notice of the application for condonation of delay. The present application further states that upon making enquiries with his Advocate, the applicant learnt that the advocate had not noticed the date of 4th April, 2008 and that is how the matter remained unattended. 2. The application is not only completely devoid of any explanation, as regards the delay in approaching the Court and for non-compliance with the directions given on 4th August, 2008 but also contains false statements. The application is hence dismissed. [Smt. R.P. SondurBaldota, J]