Heard.

2. Admit. Heard finally by consent of the parties.

3. By this application in revision, the original accused in Reg. Criminal Case No.1 160/2003 of the J.M.F.C. Court No.4, Amravati as well as the non applicants in Criminal Application for condonation of delay i.e. M. Cri. A. No.28/20 12 preferred by present non applicant no. I for preferring an appeal against judgment and order of acquittal, have prayed for examining the legality, correctness and propriety of order dated 01.11.2011 passed by Court of Session, condoning the delay of 66 days in preferring an appeal against the judgment and order of acquittal i.e. preferred by the complainant.

4. The complainant-non-applicant had made complaint to the Magistrate on the allegation that the applicants herein having committed an offence under Section 405, 406 r/w 34 of the I.P.C. The trial Court, after trial, was pleased to acquit the applicants accused from the charge of commission of such offences committed. The non applicant complainant, thereafter, presented an application for condonation of delay for preferring an appeal purported to be an appeal under provisions of section 372 of the Cr.P.C. The Sessions Court condoned