1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 4519/2008 in Criminal Appeal No. 862/2008 (Vijay Rameshchandra Chandak .vs. Sunilkumar Champalal Rathi & one ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.R. Mundra, Advocate for Applicant. CORAM : P.D. KODE, J. DATED : DECEMBER 10, 2009 Mr. C.A. Joshi, Advocate states that Mr. Sarda, Advocate would be filing power for respondent no.1 during the course of the day. He further states that he is appearing upon instructions from Mr. Sarda, Advocate. Heard. Having regard to the reasons mentioned in the application, the delay of 26 days in preferring an appeal against the order dated 31.7.2008 in rejecting an application preferred under Section 340 of Cr.P.C. is hereby condoned. Criminal Application 4519 of 2008 stands disposed of. 2 Criminal Appeal No. 862 of 2008 Heard Mr. V.R. Mundra, Advocate for appellant. Issue notice before admission to the respondents returnable on 14.1.2010 indicating that the matter may be disposed of finally at the admission stage after hearing both the parties. Call for R. & P. Mr. A.D. Sonak, APP appears for respondent no. 2 by waiving notice. JUDGE halwai