Bombay High Court
Yes Bank Ltd Thr. Its Power Of Attorney ... vs Asmita Freight Forwarders Thr. Its Prop ... on 12 March, 2020
Author: S.M. Modak
Bench: S. M. Modak
appa.705.19 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application [APPA] No.705 of 2019
Yes Bank Limited
vs.
Asmita Freight Forwarders
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri Zoher Shakir, Advocate h/f Shri R.S. Suryawanshi,
Advocate for the Applicant.
Shri R.N. Borwarnkar, Advocate for the Respondent.
CORAM : S.M. MODAK, J.
DATE : 12th MARCH, 2020.
The complaint was dismissed by the learned
Magistrate by invoking the powers under Section 256
of the Code of Criminal Procedure. It was for want of
evidence being given by the complainant. Certified
copy of this order was applied on 16/03/2019 and
delivered on 30/04/2019. As per the office procedure,
the complainant-bank has to obtain the opinion of the
legal department and took time for obtaining that
opinion and that is why, there is a delay of 64 days.
02] It is opposed by the respondent-accused
and the appellant-bank is being blamed for its
negligence.
03] I have heard both the learned Advocates for
the parties.
04] The complainant is not an individual person,
but an artificial entity. It has to function through the
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natural person and office procedural needs to be
complied with. There is a good ground for condonation
of delay. Hence, the order.
ORDER
i. The application is allowed.
ii. Delay of 64 days occurred in filing the appeal is condoned subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to be paid to the respondent.
iii. The appeal be registered.
Criminal Appeal No.______/2020 :
Heard.
02] Issue notice to the respondent of final hearing on the point of grant of leave, returnable on 26th March, 2020.
03] Shri R.N. Borwankar, learned Advocate waives notice on behalf of the respondent.
04] In the meantime, the parties may continue with the talks of settlement.
JUDGE *sandesh ::: Uploaded on - 13/03/2020 ::: Downloaded on - 14/03/2020 06:34:01 :::