1 crap2095.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2095 OF 2011 IN CRIMINAL APPLICATION No. 2094 OF 2011 Dagu s/o Mohan Gudghe ...Applicant [Original complainant] VERSUS Sukhdeo s/o Ananda Gudghe & ors. ...Respondents [Orig.Accused ..... Shri P.S.Dighe, advocate for applicant Shri W.A.Jadhav, advocate for respondent nos. 1 to 7 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19th December, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 crap2095.11 2 This is an application preferred by the applicant for condonation of delay of 964 days caused in filing the accompanying Criminal application seeking leave to file appeal, challenging the impugned judgment and order of acquittal, dated 17.7.2008, rendered by learned Judicial Magistrate, First Class, Kopargaon, in S.T.C. No. 362 of 2006. 3 Learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be rejected. 4 On perusal of the contents of the present application and after considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice, subject to payment of reasonable costs by the applicant to the respondents, which is quantified at Rs.1,000/­, within the period of three weeks. 3 crap2095.11 5 In the result, present Criminal Application is allowed in terms of prayer clause 'A' thereof and delay of 964 days caused in filing the accompanying application stands condoned, subject to payment of costs of rs.1,000/­ by the applicant to the respondents, within the period of three weeks, and present Criminal Application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2095.11