1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.3385/2009 IN CRIMINAL APPLICATION NO.3384/2009 Devgiri Nagari Sahakari Pat Sanstha Ltd., Aurangabad branch Railway station. through Authorised officer, Manoj J. Pasare. Applicant. V E R S U S Sangita w/o Raghunath Gaikwad. Respondent. (orig. accused) Mr. Harshal Joshi, h/f Mr. A.R. Borulkar, advocate for applicant. CORAM : SHRIHARI P. DAVARE, J. DATE : 16 TH JUNE, 2010. PER COURT :- 1. Heard Mr. Harshal Joshi h/f Mr. A.R. Borulkar learned counsel for the applicant. Manjusha Nayan advocate for respondent absent. 2. This is an application preferred by the applicant for condonation of delay of 78 days caused in filing accompanying application seeking leave to file appeal challenging the judgment and order of acquittal dated 13.2.2009, rendered by 7th Judicial Magistrate (F.C.), Aurangabad in STCC No.4742/2007, acquitting the accused for the offence under section 138 of Negotiable Instruments Act. 2 3. For the reasons stated in the application, applicant/original complainant has explained delay satisfactorily. It also appears that said delay is not wilfull, deliberate and intentional 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 78 days delay caused in filing accompanying application seeking leave to file appeal stands condoned and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ..... aaa/3385.09