NAGPUR. CRIMINAL APPLICATION No. 79 of 2009 · Bombay High Court

( Smt. Subhra Swapan Das .vs. Shyamlal Pranballabh Shil ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. K.D. Deshpande, Advocate for Applicant. CORAM : P.D. KODE, J. DATED : DECEMBER 9, 2009 Heard. By the present application, the applicant has prayed for condonation of delay of 69 days in filing an application for restoration of an application for leave under Section 378 (4) of Cr.P.C. , for setting aside dismissal occurred in consequent to order dated 8.5.2009 passed upon application for leave under Section 378(4) of Cr.P.C. filed by her against the common judgment and order dated 7.2.2009 passed dismissing in all 12 separate complaints filed by her against the respondent for commission of offences punishable under Section 138 of the Negotiable Instruments Act as set out in respective 2 complaint. The act of the respondent in remaining absent in spite of service of application being effected is indicative of the respondent being not interested in challenging/contesting the present application. Having regard to the same and as such there being no opposition to the matters stated in the application and since it is unlikely that any litigant will allow such a matter to be dismissed for such a reason after preferring such an application, in the interest of justice the delay of 69 days in filing an application for restoration deserves to be condoned as reason stated in para 1 of the same cannot be said to be insufficient cause for not condoning the same. Hence the application is allowed. The delay of 64 days in filing the application for restoration is hereby condoned. List the application for restoration on

14.12.2009. halwai JUDGE