1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1391 of 2003 Satyavan Anant Khadapkar .. .. Applicant v/s. 1.John Pais & ors. .. .. Respondents Mr.G.S. Bhat for Applicant Mr.P.A. Pol, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 11th December 2009 P.C. : 1.The original complaint has been filed against the members of the residential Society by the complainant. It came to be filed in February 1986, alleging misappropriation of certain amounts and the fraud and cheating. An Application came to be filed before the learned Magistrate before whom the compliant was pending on 28th September 1999 by the accused in the case for closing the complaint, on the ground that it was pending for the last 13 years and there was no justification for adjournment. The learned Magistrate has dismissed the case on 26.12.2000 as it was 14 years old then and the complainant could not even open the case, though the case was adjourned from time to time by consent for settlement. The order shows that 2 despite various adjournments in that behalf, no evidence was adduced. The complainant showed no interest in the matter. The order is correct. Even after passing of that order in the year 2000, the complainant did nothing until this Appeal came to be filed in 2003 after moving the Sessions Court, Greater Bombay. This Application itself has remained at that since 3rd April 2003. 2.All the Respondents have not been served. The delay that is sought to be condoned is of 2 years and 26 days. This is an inordinate delay at every stage. Such delay cannot be condoned. The Application is dismissed. (SMT.ROSHAN DALVI, J.)