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M/s. Parle Sales Services Pvt. Ltd., v/s Prakash Datta & Another

    Criminal Appln.No.70 of 2007 In Appln. No. of 2007 In Appeal No. of 2007

    Decided On, 10 June 2008

    At, High Court of Judicature at Bombay


    For the Appellant : S.M. Fadia, Advocate. For the Respondents: R1, Mr.Prakash Naik, Advocate, K.V. Saste APP.

Judgment Text

1. Heard the learned advocate for the applicant-original complainant, the learned advocate for the respondent no.1-original accused and the learned APP for the State.

2. The complainant has filed complaint under Section 138 of Negotiable Instruments Act against the Respondent No.1. The impugned order was passed in the said case by the learned Magistrate on 16.10.2004 whereby the respondent no.1-accused came to be discharged/acquitted. The applicant [-2-] preferred Criminal Application No. 336 of 2007 challenging the said order for acquittal/discharge. As there was delay in filing the said application, present application for condonation of delay has been filed. It is seen that there is 761 days? delay. However, the learned advocate for the applicant states that they got knowledge of the order only on 29.1.2005. Even if the delay is computed from that date, it comes to 648 days. No sufficient cause h

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as been made out in respect of the said delay. Hence, application for condonation of delay is rejected.