1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner is aggrieved by the order dated 01.04.2013 by which Miscellaneous Application No.1/2013, filed by the Petitioner seeking condonation of delay in preferring an appeal, has been rejected by the learned Additional Sessions Judge, Hingoli.

3. The Petitioner contends that pursuant to the complaint filed by the Petitioner against Respondent No.2 alleging commission of offences punishable under Sections 409, 468 and 420 of the Indian Penal Code, Regular Criminal Case No.68/1999 was adjudicated upon by the learned Judicial Magistrate First Class, Kalamnuri. By the judgment and order dated 23.02.2011, Respondent No.2/Accused was acquitted of the offences.

4. The grievance is that pursuant to the said judgment, the State did not prefer an appeal before the learned Additional Sessions Judge at Hingoli. After the Petitioner got the knowledge of the judgment, it had approached the Public Prosecutor with regard to the filing of an appeal. After obtaining the certified copy of the judgment on 11.06.2012, legal opinion was sought and upon confirming that no appeal was filed by the Publ