1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.198 OF 2009 IN CRIMINAL APPLICATION NO.20 OF 2008 WITH CRIMINAL APPLICATION NO.199 OF 2009 IN CRIMINAL APPLICATION NO.21 OF 2008 WITH CRIMINAL APPLICATION NO.200 OF 2009 IN CRIMINAL APPLICATION NO.22 OF 2008 Dnyaneshwar Mahadeo Gaikwad .... Applicant Vs. Sanjay Namdeo Dhongade & Anr. .... Respondents Mr.P.J. Pawar, Advocate for Applicant. Mr.S.B.Deshpande, Advocate for respondent no.1. Mr. Y.S. Shinde, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 7th August, 2009 P.C. 1. The application for condonation of delay filed by the applicant in Criminal Appeal was dismissed for non compliance with the directions dated 21st January 2009. By the said order, the returnable date of notice to respondent was extended till 5th March 2009 and the Advocate for the applicant was directed to serve private notice and file affidavit of service before the returnable date. In case of non compliance, the application was to stand dismissed for non prosecution, without any reference to the Court. The applicant failed to comply with the order. Mr.Pawar, learned counsel for the applicant submits that the 2 applicant did not comply with the conditions because he was not aware of the conditions imposed in the order dated 21st January 2009. On the query from the Court, he states that the applicant has not taken any steps whatsoever for service of notice upon respondent. Thus, it is seen that there is total negligence on the part of the applicant in prosecuting the application. However, since it is always desirable that the matters are heard on merits instead of being dismissed on technical grounds. I am inclined to allow the application. Respondent is however required to be compensated with costs of Rs.5,000/-. The costs to be paid within two weeks from today. On payment of costs, the application for condonation of delay to appear on board on 21st August 2009. In the event the applicant fails to pay costs to the respondent, the application to stand dismissed without any further reference to the Court. (SMT.R.P. SONDURBALDOTA,J)