(1) Cri. Application No. 3614 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3614 of 2011 (In Criminal Application No. 3613 of 2011) Damodhar s/o. Murlidhar Bajaj, Age : 52 years, Occupation : Business & Agri., R/o. Bajaj Lane, Majalgaon, .. Applicant Taluka : Majalgaon, (Original District : Beed. complainant) versus Ratan s/o. Suryabhan Shinde, Age : 45 years, Occupation : Business, R/o. Near New Bus Stand, Majalgaon, Taluka : Majalgaon, .. Respondent District : Beed. (Original accused) ....................... Mr. R.R. Chandak, Advocate, for the applicant. Mr. S.B. Ghute, Advocate, for the respondent. ........................ (2) Cri. Application No. 3614 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 21ST DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) for condonation of delay of 626 days caused in filing accompanying Criminal Application seeking leave to file appeal against the order of acquittal. 3. Learned Counsel for the respondent has opposed the present Application vehemently and submitted that it bears no substance, and therefore, same be rejected. 4. On perusal of the contents of the present Application and after considering rival submissions advanced by the learned Counsel for the parties, it appears that the applicant has explained the delay satisfactorily since he was prosecuting revision before other court bona fidely. Moreover, the said delay does not appear to be willful, deliberate or intentional and, therefore, the same deserves to be condoned in the interest of justice, but simultaneously reasonable costs are required to be awarded to the (3) Cri. Application No. 3614 of 2011 respondent considering the number of days of delay, and the said amount of costs is quantified at Rs. 1000/-. 5. In the result, present Criminal Application is allowed in terms of prayer clause "B" thereof, and the delay of 626 days caused in filing accompanying Criminal Application stands condoned, subject to payment of costs of Rs. 1000/- (Rupees one thousand only) by the applicant to the respondent, on or before 5th January 2012, and the present Criminal Application is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/cria3614