JETHUBHA DIPSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applications have been filed for condonation of delay of 133 days caused in filing the Criminal Appeal.

(2.) Ms. Mittal N.Patel, learned advocate for the applicant submits that leave to appeal has been moved against the order of acquittal, which has been passed in a case under Sec. 138 of the Negotiable Instruments Act, but to prefer leave to appeal, there has been delay of 133 days, since about four matters were instituted by the complainant and since in all the matters the accused have been acquitted. She submits that the applicant being from a village area and since was suffering from financial constraint after the assistance from the friends and relatives, he could make arrangements for funds to prefer appeal.

(3.) In the case of State of Gujarat vs. Koli Mohan Nanubhai and Others , reported in 1997 (1) GCD 890, the Division Bench of this Court has held that condonation of delay is essentially always a matter strictly between the applicant and the Court and the other side has indeed no business to claim to be heard at this stage.