VORA SHARIFBHAI MAHAMADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been filed by the applicant -original complainant under Section-5 of the Limitation Act, 1963, with a prayer to condone the delay of 42 days that has occurred in filing an appeal against the judgment and order dated 5-1-2013 passed by the learned 3rd Addl. Chief Judicial Magistrate, Anand, in Criminal Case No.4066 of 2011.

(2.) HEARD Mr.M.J.Mehta, learned advocate for the applicant-original complainant and Mr.K.L.Pandya, learned Addl. Public Prosecutor for respondent No.1 and perused the averments made in the application. Though the endorsement on the board indicates that the affidavit of Direct Service for respondent No.2 has not been filed, Mr.G.M.Das, learned advocate states that he has received instructions to appear on behalf of respondent No.2-Rajendra Gangadhar Aher, who is present in the Court today. It is submitted by Mr.Das that the Vakalatnama shall be filed during the course of the day.

(3.) FOR the afore-stated reasons, the application is allowed. The delay of 42 days, that has occurred in filing an appeal against the judgment and order dated