1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2129 of 2009 with Cri.Application No.2128/2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned Sr.counsel Mr.Dixit, instructed by Mr.A.N. Nagargoje, advocate for the applicant. 2. Though served, the Respondent is absent. 3. The applicant has explained the delay of 18 days in filing of the application seeking leave to appeal. Considering the explanation given in paras 4 and 5 of the application, I am of the opinion that the delay is properly explained. The applicant could not file the appeal due to administrative difficulties and other problems which are explained. The delay is condoned. The application is allowed. 4. So far as application for seeking leave to appeal is concerned, it transpires that the acquittal of the Respondent for offence punishable U/s 138 of the N.I. Act, is rendered for the reason that service of demand notice was not duly proved. The learned Sr. counsel would point out that the Respondent was duly intimated by the postman as visit of the postman to the house on 1.3.2002 is apparently established. He would submit that the reasons ascribed by the learned Magistrate are not on correct footings. On perusal of the impugned judgment, it prima facie appears that there is substantial ground to consider the appeal. The notice was duly sent on the address of the Respondent but he did not comply with the same. In view of the reasons ascribed by the learned Magistrate, I find that this is a fit case in which leave to appeal may be granted. 5. Leave granted. 6. Admit the appeal. 7. The appellant to furnish private paper book within twelve (12) weeks. 8. Call R & P. (V.R.KINGAONKAR,J.) Dt.29.09.2009. asp/office/Crapp2129.09