LALASAHEB ABASAHB PHARATE v. MAHESWAR MULTI STATE CO OPERATIVE CREDIT SOCIETY LTD. KASHTI THR. PAPPU KANTILAL VAIRAL AND ANOTHER
REVN/88/2026 · 2026-08-24
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4126 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4126 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
88.26revn (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
50 CRIMINAL REVISION APPLICATION NO. 88 OF 2026 LALASAHEB ABASAHB PHARATE VERSUS MAHESWAR MULTI STATE CO OPERATIVE CREDIT SOCIETY LTD. KASHTI THR. PAPPU KANTILAL VAIRAL AND ANOTHER ….. Mr D. B. Rode, Advocate for Applicant Mr M. A. Aher, APP for Respondent No.2/State ….. CORAM : SUSHIL M. GHODESWAR, J.
DATE : 24th AUGUST, 2026 P. C. :
1. By this criminal revision application, the revision applicant is challenging the order dated 13/02/2026, passed by the learned Additional Sessions Judge-1, Shrigonda, Dist. Ahmednagar, thereby rejecting the application bearing Criminal Misc. Application No.50/2025 for condonation of delay of six days in preferring Criminal Appeal under Section 374 of the Code of Criminal Procedure. 2. Learned Advocate for the applicant submits that the learned Sessions Court has decided the condonation of delay application without considering the ingredients of the said application, thereby dismissed the criminal appeal. According to learned Advocate for the applicant Mr Rode, the applicant is convicted for the offence 2026:BHC-AUG:38439
88.26revn (2) punishable under Section 138 of the Negotiable Instruments Act in SCC No.468/2017 by the learned Judicial Magistrate First Class, Shrigonda, Dist. Ahmednagar vide the impugned judgment and order dated 14/08/2025, and sentenced to suffer simple imprisonment for six months and to pay fine of RS.2,50,000/- to respondent No.1/Society, in default of non-payment of fine, to suffer three months simple imprisonment. 3. Learned Advocate for the applicant states that, delay for preferring criminal appeal is caused because daughter of the applicant was taking education in Agricultural College, Vilad, and he was accompanied with her during the period. He further submits that, at that time, there was heavy storm and rain in the said area and due to that reasons, he could not return to the village. Thus, the delay is caused due to natural calamities and the same is not deliberate on his part. Thus, he prays for condonation of delay by allowing of this revision application. 4. Respondent No.1/Society, though served, nobody is present on its behalf before this Court. 5.
As the explanation submitted for causing delay in this revision application is due to natural calamities and towards education
88.26revn (3) of applicant’s daughter, I am inclined to allow this revision application, thereby condoning delay of six days and further quashing and setting aside the impugned order 13/02/2026, passed by the learned Additional Sessions Judge-1, Shrigonda, Dist. Ahmednagar. 6. Thus, this Criminal Revision Application is allowed. Learned Additional Sessions Judge-1, Shrigonda, Dist. Ahmednagar is therefore directed to register Criminal Appeal and to decide the same in accordance with law. 7. This criminal revision is disposed of accordingly. [SUSHIL M. GHODESWAR, J.] sjk