1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS.APPLICATION NO.36 OF 2008 IN STAMP NUMBER(APPLN) NO.395 OF 2008 AND STAMP NUMBER(APPLN) NO.395 OF 2008 AND STAMP NUMBER MAIN NO.394 OF 2008. State of Goa .... Applicant. Versus Umesh Amonkar and Anr. ..... Respondents. Ms. W. Coutinho, Public Prosecutor for the Applicant. Mr. J. A. Lobo, Advocate for the respondents. Coram :- A. P. Lavande, J. Date : - 24th November, 2008. P.C. : 1. Heard Ms W. Coutinho, learned Public Prosecutor for the applicant and Mr. J. A. Lobo, learned Counsel for the respondents, who has been appointed, to appear on behalf of the respondents, under legal aid scheme. 2. By this application, the applicant seeks condonation of delay in filing an application seeking leave to file appeal against the 2 judgment and order of acquittal dated 04.04.2007 passed by the Judicial Magistrate, First Class, Bicholim in Criminal Case No.20/S/2006/B by which the respondents have been acquitted of the offences punishable under Section 323, 324 and 504 read with Section 34 of Indian Penal Code. In support of the application, affidavits have been filed. The reply filed on behalf of the respondents, discloses that there was counter case bearing No.72/S/05/A filed against the complainant party by the accused alleging the commission of offences under Section 323, 324, 504 read with Section 34 of Indian Penal Code and the learned Judicial Magistrate, First Class, Bicholim, has convicted the complainant party for the said offences. This fact is not disputed by the learned Public Prosecutor appearing for the applicant. 3. This being the position, I am of the considered opinion that no case is made out for interference by this Court on merits in this case. It would, therefore, be a futile exercise by this Court to condone delay in filing the appeal. Therefore, the application is dismissed. Consequently, Stamp Number (Application) No.395 of 2008 and Stamp Number Main No.394 of 2008, stand dismissed. Fees payable to Advocate Lobo, who has been appointed under Legal Aid Scheme, are fixed at Rs.1,000/-. A. P. LAVANDE, J. SMA 3