IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1332 of 2009 In Criminal Appeal No. 224 of 2009 Smt Usha and ors v. M/s Dhanvardhini and ors ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr P. A. Teni, Adv for applicant Coram : A.P. Bhangale, J Dated : 8th February 2010 1. Heard learned counsel for the applicants. On behalf of the applicant, it is prayed for condonation of delay of about 311 days in filing appeal on the ground that widow of the deceased complainant had obtained certified copy of the acquittal order passed by the learned Magistriate in the present case, but it was mispolaced although applicant tried to search for certified copy. It was not traced. She had approached her Advocate to consult as to what to do in the matter who advised her to apply for fresh copy. Unfortunately, after the application was made for such certified copy on 14.10.2008, the appellant fell ill at her daughter’s residence at Pune during the period from October 2008 to November 2008. She could come to Nagpur in 1st week of December 2008. Doctor had advised her rest for three months. Thus, there was delay upto March 2009 in order to seek legal assistance and to prefer appeal. 2. Respondents remained absent. Applicant Usha seeks to prosecute appeal along with other legal heirs of late complainant Manohar. Respondents remained absent although they were served, according to learned Advocate for applicant. Under these circumstances, delay is condoned subject to payment of costs of Rs. 500/- payable to Legal Services Sub-committee at Nagpur within a period of two weeks from today. Criminal Application No. 1333 of 2009 : Notice to respondents, returnable on 8.3.2010. Judge. hsj