1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.165/2009 Anusayabai w/o Ganpatrao Nachapalle (Sagar) Applicant. V E R S U S Salim s/o Mohamandpasha Shaikh. Respondent Mr. M.L. Dharashive, Advocate for the applicant. CORAM : SHRIHARI P. DAVARE, J. DATE : 16 TH JUNE, 2010. PER COURT :- 1. Heard Mr. M.L. Dharashive, learned counsel for the applicant. Respondent absent inspite of service of notice. 2. This is an application preferred by the applicant for condonation of delay of 406 days, caused in filing accompanying criminal application challenging the judgment and order of acquittal dated 5.9.2007 rendered by 6th Judicial Magistrate First Class, Latur in STCC no.3360/2003, acquitting the accused from the charge under section 138 of Negotiable Instruments Act. 3. For the reasons stated in the application, it appears that applicant has explained delay satisfactorily. It also appears that applicant is a 2 old lady aged of about 80 years, having no source of income and therefore she could not file present application within period of limitation. It further appears that delay caused is not wilful, deliberate and intentional one and therefore same deserves to be condoned in the interest of justice. 4. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 406 days caused in filing accompanying criminal application seeking leave to file appeal stands condoned and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ..... aaa/165.09 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.166/2009 IN CRIMINAL APPEAL STAMP NO.29/2009 Anusayabai w/o Ganpatrao Nachapalle (Sagar) Applicant. V E R S U S Salim s/o Mohamandpasha Shaikh. Respondent Mr. M.L. Dharashive, Advocate for the applicant. CORAM : SHRIHARI P. DAVARE, J. DATE : 16 TH JUNE, 2010. PER COURT :- 1. Heard Mr. M.L. Dharashive, learned counsel for the applicant. 2. This is an application preferred by the applicant seeking leave to file appeal against the judgment and order of acquittal dated 5.9.2007 passed by 6th Judicial Magistrate (F.C.), Latur in STCC 3360/2003 acquitting the accused from the charge under section 138 of Negotiable instruments Act. 3. Issue notice to the respondent returnable on 15.7.2010. 4. Stand over to 15.7.2010. 5. Call record and proceeding from the concerned court till the said date. ( SHRIHARI P. DAVARE, J. ) ..... aaa/165.09