* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.63 OF 2009 Rambhau Pol ......Petitioner. V/s. Rajendra Salunkhe ......Respondents. Mr.Vilas B.Tapkir, advocate for the petitioner. Mr.H.J.Dedhia, APP for State. Mr.Prakash Patil, advocate for respondent no.1. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 2ND MARCH, 2009. P.C. : 1. Heard counsel for both sides. 2. Rule. By consent, Rule made returnable forthwith. 3. This criminal writ petition is filed to challenge the order dated 19th December, 2008 by which the Sessions court at Pune rejected an application for condonation of delay of one day in filing Criminal Revision Application. By the proposed Criminal Revision Application the applicant had sought to challenge correctness and legality of the order dated 25th July 2005 passed in S.C.C.No.1451 of 2001 by the learned Judicial Magistrate First Class, Pune rejecting the application of the petitioner * 2 * for forwarding the cheques to the handwriting expert for verifying signature of the petitioner. 4. The learned Additional Sessions Judge rejected the application for condonation of delay as, according to him, the reason for the delay stated in the application was not sufficient. The petitioner had sought to explain the delay by stating that the delay occurred on account of misunderstanding and miscalculation of the time period. However, across the bar he had stated that the delay had in fact occurred as the petitioner had approached him late. Due to this contradictory statements, the learned Sessions Judge had rejected the application. 5. Considering the nature of the original application and the order thereon which is sought to be challenged by filing criminal revision application, in my opinion, the delay can be condoned without taking up a strict view of the matter. Hence the order. O R D E R (i) The petition is allowed. The order dated 19th December, 2008 passed by the Additional Sessions Judge, Pune in Misc. Criminal Application No.226 of 2005 is set aside. (ii)The application for condonation of delay being Misc. Criminal Application No.226 of 2005 is allowed. The delay * 3 * of one day in filing Criminal Revision Application by the petitioner is condoned. (iii) The Sessions Court, Pune to take up the Criminal Revision Application for hearing and dispose the same off within a period of 6 weeks from today i.e. on/or before 13th April, 2009. The ad-interim orders passed in the proceedings to continue till 13th April, 2009. [JUDGE]