1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1846.09 with Cri.Application No.1845/2009 In Cri.Appeal St.No......of _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. These are applications for condonation of delay and leave to appeal. The report about service shows that the notice was delivered to the Respondent by the process surver. He has not appeared though served. There is delay of 837 days in filing of the Criminal Appeal. It appears that the applicant had filed Revision Application against the order, whereby the complaint case was dismissed in default. The applicant asserted that dismissal of the private complaint case in default was improper. The learned Sessions Judge, dismissed the Criminal Revision Application No.21/2007 on the ground that such Revision Application was not maintainable. It is well settled that the only remedy available to the original complainant/applicant was to prefer an appeal. The learned advocate for the applicant would submit that time spent in the litigation in the wrong forum may be condoned. It appears that there was no malafides of the applicant in filing the Revision Application before the Sessions Court. He was advised to file such Revision Application. Considering these aspects, the time spent in litigating before the wrong forum may be excluded in view of Section 14 of the Limitation Act. Considering the reasons ascribed, the application is allowed and the delay is condoned in the interest of justice. 2. So far as leave to appeal is concerned, it may be gathered that the original complainant (SCC No.421/2006) is dismissed U/s 256 of the Cr.P.C. It appears that applicant could not adduce evidence on the scheduled dates. The matter requires reconsideration. Hence, leave to appeal is granted. 3. Admit the appeal. 4. Call R & P. 5. Issue notice of the appeal to the Respondent. 6. The applications are disposed of. 7. S.O. to 4.11.2009. (V.R.KINGAONKAR,J.) Dt.20.08.2009. asp/office/Crapp1846.09