1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.1454 of2009 with Cri.Application No.1453/09 In Criminal Appeal St.No. ...... of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The application for condonation of delay and leave to appeal are being considered together. 3. Though served, the Respondent did not appear. 4. The complaint for offence U/s 138 of the N.I.Act, was filed by the applicant. The complainant is a Maharashtra State Board of Wakf. It appears that due to time consumed in processing of the matter for approval of the proposal to file appeal, the delay has been caused. The delay appears to be unintentional. Hence, I accept the explanation and condone the delay. 5. Considering the fact that the cheque was issued in favour of the Wakf Board, it may give rise to the presumption available regarding the existence of legal liability to pay. The Respondent (accused) is dealing in business of goats' skin/leather. It appears that there was a tender work given to the Respondent. The issue regarding satisfaction of the amount shown under the cheque will have to be considered in the light of presumption U/s 139 of the N.I.Act. For this purpose, I deem it proper to grant leave to appeal. Leave granted. 6. Admit. 7. R & P be called. 8. The appellant to furnish private paper book within ten (10) weeks. (V.R.KINGAONKAR,J.) Dt.08.09.2009. asp/office/Crapp1454.09