1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 822/2010 in Criminal Application (APPA) No. _____/2011 in Criminal Appeal No. _______/2011 (Sanjay Narayandas Dhoble .vs. M/s Madhusudan Ghade and three ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.R. Joharapurkar, Advocate for Applicant. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 18, 2011 Heard. By this application, the applicant/original complainant in Summary Criminal Complaint No. 1711/2008 of the Court of Judicial Magistrate First Class, Wardha has prayed for condoning the delay of 180 days in seeking leave to prefer an appeal against the judgment and order dated 25.2.2010 recorded in the said case acquitting respondents from commission of offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel states that while preferring the present application and presenting application for leave and appeal before this Court, the 2 provisions of Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) and particularly Section 29 therein remained to be taken into consideration. It is urged that in view of the provisions of Section 372 of Cr.P.C. as amended by the said amending act, it was incumbent/permissible for the applicant to prefer an appeal before the Court of Session. It is urged that the mistake of taking the proceedings before this Court by presenting the application for condoning delay, application for leave and appeal having occurred bona fide, the applicant is praying for withdrawal of this application and so also the application for leave and appeal presented along with the same with liberty to prefer appropriate proceedings in accordance with the law before the Court of Session for challenging the order of acquittal passed in favour of respondents. Having regard to the aforesaid and having due regard to the definition of the victim as given in Section 2 (wa) of the Code of Criminal Procedure, in the interest of justice, permission and liberty as prayed at early stage, deserves to be granted. In view of the same, the application preferred for condonation of delay as well as the application preferred for seeking leave to present an appeal and so also the appeal presented stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session. The learned counsel for the applicant also prays for return of the certified copy of the judgment and order passed by the trial Court. Request granted 3 subject to tendering the xerox copy of the same for the purposes of record, if not already tendered on record. JUDGE halwai