1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 439 OF 2008 Vitthal Kisan Kalamkar ...Applicant VERSUS Eknath Rangnath Dure & ors. ...Respondents ..... Shri Y.V.Kakade, advocate for the applicant Nobody appears for respondent nos.1 to 4 in spite of service Shri S.D.Kaldate, A.P.P. for respondent no.5 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28 th JULY, 2009. ORAL ORDER : 1 Perused. 2 2 The applicant (original complainant) has preferred the present application for condonation of delay of 47 days in filing the accompanying Criminal Revision Application challenging the correctness and legality of the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Shevgaon in R.T.C. No. 36 of 2004 on 11.9.2007. 3 The applicant has put forth the reasons for delay of 47 days caused in filing the accompanying Criminal Revision Application in para 6 of the present application contending that he had no knowledge about the legal procedure and he resides at remote place in Taluka Shevgaon and was not aware about the limitation and time was consumed in taking the legal advice, which resulted into 47 days delay in filing the accompanying Criminal Revision Application. The applicant also submits that the said delay is not willful, deliberate and intentional and, therefore, submitted that the same be condoned in the interest of justice. Besides that, the applicant also submits that he has good case on merits and, therefore, he be given opportunity to prosecute the accompanying Criminal Revision Application. 4 The learned counsel for the respondent vehemently opposed the present application and submitted that the present 3 application bears no substance and is devoid of any merits and same be rejected. 5 Heard learned respective counsel for the parties. 6 Considering the rival submissions and reasons put forth by the applicant for delay of 47 days in filing the accompanying Criminal Revision Application in para 8 of the present application as mentioned herein above, appear to be sufficient ground for condoning the said delay of 47 days caused in filing the accompanying Criminal Revision Application. Moreover, the said delay caused in filing the accompanying Criminal Revision Application does not appear to be willful, deliberate and intentional, as well as the same is not inordinate, and hence, the same is required to be condoned in the interest of justice. Besides that, as the applicant is sanguine of success in the accompanying Criminal Revision Application, the applicant is required to be given an opportunity to prosecute the accompanying Criminal Revision Application on merits. 7 In the result, the present application succeeds and same is allowed in terms of prayer clause ‘A’ thereof and 47 days delay caused in preferring the accompanying Criminal Revision 4 Application stands condoned and the accompanying Criminal Revision Application be registered, numbered and fixed for admission in due course. (SHRIHARI P. DAVARE, J.) dbm/crap439.08