FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPEAL NO. 308 OF 2011 SATYPAL VAIDYARAM KATARIA VERSUS SALAMODDIN SHAMSHODDINAND ORS ... Advocate for Petitioner(s) : Mr. Sonpethakar P.N. APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 12, 2011 ... 1. Heard learned counsel for the parties. 2. Office note discloses that State has not filed any appeal against the judgment and order dated 16.5.2011, rendered by learned Judicial Magistrate First Class, Court No.12, Aurangabad. 3. Present appeal has been filed by the appellant- original complainant challenging the judgment and order dated 16.5.2011 of acquittal rendered by learned Judicial Magistrate First Class, Court No.12, Aurangabad in RCC No.629/2010, under the proviso of Section 372 of Code of Criminal Procedure. Learned counsel for the appellant, on instructions seeks leave to withdraw present appeal and with liberty to file appeal before FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders learned Sessions Court. 4. In view of said submission, leave granted. Appellant is permitted to withdraw present appeal, with the liberty, as prayed for. However, it is made clear that, aspect of limitation shall play its own role and if the appellant prefers application for delay condonation, it be considered on its own merits, in accordance with the law. ( SHRIHARI P. DAVARE, J. ) aaa/- ***