* 1 * . . 4321.2009 Cri Appln 20.01.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4321 OF 2009 [FOR CONDONATION OF DELAY] IN CRIMINAL APPLICATION NO..,.....OF 2009 [FOR LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2009 M/s. Vasai Pan Marketing Sahakari .......Applicant V/S. James Domnic D’souza and anr. .........Respondents * * * * * * Ms. Neeta Karnik, Advocate for the applicant. Mr. A.S. Shitole, APP for the State-respondent no.2. Coram : Smt. R.P. SondurBaldota, J. 20th January, 2011. P.C. : 1. This is an application for condonation of delay of 139 days in filing the application for leave to file appeal from the judgment and order of acquittal. * 2 * . . 4321.2009 Cri Appln 20.01.2011 2. Notice of the application has been served upon respondent no. 1, who is absent despite service. 3. It has been contended in the application that after the judgment and order dated 7th February, 2009 was passed by the trial court, it was decided that matter be amicably settled with respondent no.1 who continues to be a member of the applicant- society. Paragraph-2 of the application refers to the meetings held between the applicant and respondent no.1. There is no denial of these facts alleged in the application. It appears that only after the attempts at settlement failed, that the applicant has approached this Court to challenge the judgment and order of acquittal. 4. In my opinion, the applicant has made out sufficient cause for condonation of delay. Hence, the application is allowed in terms of prayer clause (a). The delay is condoned. Office to number the application for leave to file appeal and place the same for admission on 25th February, 2011. [JUDGE] * 3 * . . 4321.2009 Cri Appln 20.01.2011 [Smt. R.P. SondurBaldota, J]