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Judgment
A.Y. Kogje, J
Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
By way of this application, the applicant seeks condonation of delay of 694 days caused in preferring the leave to appeal against the acquittal recorded by the 6th Additional Chief Judicial Magistrate at Gandhinagar in Criminal Case No.14998 of 2006 proceedings under Section-138 of the Negotiable Instruments Act.
Learned Advocate for the applicant has submitted that the applicant as well as respondent were known to each other and were close family members and as a result, even after the acquittal, attempt to settle the dispute had taken place, wherein two persons were involved in the negotiation. However, even after long time, negotiation did not fortified. Therefore, the applicant had waited for outcome of such negotiation. It was only after negotiation had failed completely, present application is filed.
Learned Advocate Mr. N. M. Patel for learned Advocate Mr. Samir Gogda for the respondent No.2 has opposed to grant of application by stating that the delay is inordinate as it is of 694 days.
Having considered the rival submissions of the parties and having considered the facts and the nature and the existing relations at the relevant point of time, explanation offered by the applicant by naming two negotiators in the application, who had made efforts to amicable settle the despite between two, the Court is of the view that delay of 694 days caused in preferring the leave to appeal is sufficiently explained and is required to be condoned.
The application, therefore, succeeds and is accordingly, allowed. The delay of 694 days caused in preferring the leave to appeal is hereby condoned.
Present Application stands disposed of. Rule is made absolute.