1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2287/2009 IN CRI.APPLICATION NO.2259/2009 IN CRIMINAL APPEAL NO:...../2009 (M/s Metro Tyres Ltd. vs. Shri Rajesh Podgelwar ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr R M Ahirrao Adv. for applicant Mr V A Kulkarni, APP for Respondent-State C ORAM : A.P. BHANGALE, J. DATED : 14 th September, 2009. 1. Inspite of time granted to the learned counsel for respondent, no reply has been filed to this application. Heard learned counsel for the respective parties. 2. Delay of 51 days has been explained on the ground that certified copy was applied on 9.2.2009 in respect of the impugned order, which was received by the complainant on 6.3.2009. Learned counsel had advised to file an appeal in the High Court on 14.3.2009. Thereafter, the Vice President of the Company at Delhi was requested for necessary sanction and approval. Thereafter the counsel needed time to study the case papers and prepare the appeal and in the process, delay of 52 days’ has occurred in preferring the appeal. 3. On merits, it is contended that 30.12.2008 the matter was fixed for return of the warrant, whereas the Counsel for the complainant was out of station and was not aware of the orders passed by the Court on that day. On 30.01.2008, learned counsel for the complainant fell ill due to viral fever and could not attend the Court. Under these circumstances, the complaint came to be dismissed on 30.1.2009 resulting into acquittal of the accused. 2 4. Learned counsel for the respondent opposed condonation of delay. 5. Having considered the submissions as also reasons pleaded for condonation of delay, I am inclined to condone the delay, subject to payment of costs of Rs. 300/- (Rupees three hundred) by the applicant to the learned counsel for respondent, on behalf of respondent, on or before 29th September, 2009. Delay is condoned. Application is allowed. Criminal Application No. 2259/2009 . Issue notice to respondent, returnable on 29 th September,2009. Reply if any be filed by the said date. Mr V A Kulkarni, learned Advocate waives notice on behalf of Respondent. JUDGE. sahare