(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 1413 of 2010 (In Criminal Application No. 1412 of 2010) Mirza Nasim Baigh s/o. Musa Baig, Age : 40 years, Occupation : Business, Prop. Huma Stone Depot, Asrafi Traders, R/o. Shewala, .. Applicant Taluka : Kalamnuri, (Original District : Hingoli. complainant) versus Dhyaneshwar @ Raju Madhukar Bhosikar, Age : 37 years, Occupation : Business, R/o. Pethwadgaon, Taluka : Kalamnuri, .. Respondent District : Hingoli. (Original accused) ....................... Mr. P.S. Agrawal, Advocate, for the applicant. Mr. M.S. Chaudhary, Advocate, holding for Mr. N.N. Shinde, Advocate, for the respondent. ........................ (2) CORAM : SHRIHARI P. DAVARE, J. DATE : 23RD JUNE 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. This is an application preferred by the applicant (original complainant) for condonation of delay of 41 days caused in filing Criminal Application seeking leave to file appeal against the order of acquittal recorded by the learned Judicial Magistrate (F.C.), Kalamnuri, dated 24-12-2009, in Summary Criminal Case No. 256/2005. 3. Adv. Mr. M.S. Chaudhary, holding for Adv. Mr. N.N. Shinde, for the respondent, has opposed the present application vehemently. He has submitted that there is no substance in the application, and the same is devoid of merits, and therefore, same be rejected. 4. Considering the contents of the application and rival submissions made by the learned Counsel for the parties, it appears that the applicant has explained the delay satisfactorily. Moreover, the said delay does not appear to be willful, deliberate (3) or intentional and, therefore, the same deserves to be condoned in the interest of justice. 5. In the result, Criminal Application is allowed in terms of prayer clause "C" and delay of 41 days caused in filing the accompanying Criminal Application for leave to file appeal, stands condoned. Present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka1413