1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 586/2010 (M/s Nutratech Agrovet Industry .vs. Mohd. Mushtaque s/o Mohd. Aziz Choudhary and another. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S. Raisuddin, Advocate for Applicant. Ms. Jaishree Mahajan, Advocate for Respondent no.1. Mrs. B.P. Maldhure, APP for Respondent no.2. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 03, 2011 Heard. By this application, the applicant/original complainant in Summary Criminal Case No. 4695/2007 has prayed for condoning 149 days of delay in making an application for leave to prefer an appeal against the judgment/order dated 16.11.2009 acquitting the respondent no.1 from commission offence under Section 138 of the Negotiable Instruments Act. The application is vehemently opposed by respondent no.1 by urging that the application fails to depict the precise nature of the illness from which the applicant was suffering and due to which he could not prefer appeal in time. Respondent no.1 having not taken specific contention that the applicant was not at all ill or that was hale and 2 hearty during the relevant period, it is difficult to discard the contention of the applicant that he was suffering sickness. Having regard to the same and having regard to the subject matter involved in the case, in the interest of justice delay is condoned subject to applicant paying costs of Rs.1500/- to respondent no.1. Application stands disposed of. List the matter for admission. JUDGE halwai