-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 219 OF 2007 IN CRI. APPEAL NO. OF 2007 Rajesh N. Jain .. Applicant/Appellant. (Org.Complainant) V/s. State of Maharashtra & Ors. .. Respondents. --- Mr.J.S. Kini i/by Mr. Suresh Dubey for the Applicant. Mr. A.S.Shitole, APP for the State. None for the Respondent no.2. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 09th JANUARY, 2009. DATED : 09th JANUARY, 2009. DATED : 09th JANUARY, 2009. P.C.: P.C.: P.C.: 1. Heard Mr.J.S.Kini, the learned counsel i/by Mr.Dubey Advocate appearing for the applicant and the learned APP for the respondent no.1- State. None appears for the respondent no. 2 though served. 2. This application is taken out for condonation of delay of 126 days occurred in filing the appeal against the order of acquittal. The applicant has averred that there were talks of settlement going on between the parties and therefore, application could not be filed in -: 2 :- time. The reasons given for condonation of delay is not denied by the respondent no.2, either by contesting this application by appearing or by filing affidavit. 3. In this view of the matter, the delay is condoned. The application is allowed in terms of prayer clause (a) and disposed of accordingly. (R.V.MORE,J.)