THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2017 of 2011 ORDER: This Criminal Revision Case is filed by the petitioner against the order dated 10.08.2011 passed by the Sessions Judge, Adilabad, in Crl.M.P.No.381 of 2011 in unnumbered Criminal Appeal, whereby the petition filed under Section 5 of the Limitation Act seeking to condone the delay of 48 days in preferring the appeal against the order, dated 08.02.2011, passed by the Judicial Magistrate of First Class, Asifabad, in D.V.C.No.4 of 2010, was dismissed for default for non- compliance of the order. The 2nd respondent herein preferred a petition in D.V.C.No.4 of 2010 before the Judicial Magistrate of First Class at Asifabad, against the petitioner herein and his family members, seeking protection order, maintenance, return of stridhana property, compensation and other reliefs. After due trial, by order dated 03.02.2011, the learned Magistrate partly allowed the petition restraining the petitioner herein from committing domestic violence against the 2nd respondent herein and directing to return Rs.95,000/- cash along with 4 tulas gold and other articles presented in marriage and to pay compensation of Rs.10,000/- for causing mental torture to the 2nd respondent herein. Aggrieved thereby, the petitioner herein preferred criminal appeal before the Sessions Judge, Adilabad. However, as there was a delay of 48 days in preferring the appeal, the petitioner filed Crl.M.P.No.381 of 2011, seeking to condone the delay. The appellate Court, by docket order dated 01.07.2011 in Crl.M.P.No.381 of 2011, condoned the delay subject to payment of 25% of the amount awarded by the trial Court on or before 01.08.2011 and to register the appeal subject to payment. Subsequently, the petitioner did not comply the order dated 01.07.2011, therefore, through the impugned order dated 10.08.2011 in Crl.M.P.No.381 of 2011, the appellate court dismissed the petition for default. Learned counsel for the petitioner submitted that due to Telangana Bandh, the petitioner could not deposit the amount in time. He further submitted that the petitioner is now willing to deposit the amount as per the conditional order dated 01.07.2011 in Crl.M.P.No.381 of 2011 passed by the appellate Court. Considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, this Court is of the view that the petitioner may be given one more opportunity to deposit the amount. Accordingly, the Criminal Revision Case is disposed of directing the petitioner to deposit the amount as per order dated 01.07.2011 passed by the Sessions Judge, Adilabad, in Crl.M.P.No.381 of 2011 in un-numbered appeal, on or before 30.10.2011. On such payment, the appellate Court is directed to restore the appeal and dispose of the same in accordance with law. ____________________ JUSTICE RAJA ELANGO 29.09.2011 v v