1 appln 198 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.198 OF 2011 D. R. Brothers .. Applicant. -versus Indian Sales Corpn and anr .. Respondents. Mr. Nilesh Walde, i/b Mr. Umesh Mankapure, for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent State. Mr. Satish Kumbhar, for Respondent No.1. CORAM: R.C. CHAVAN, J. DATED: 21st July, 2011 P.C. 1. This is an application for condonation of delay of 149 days occasioned in filing application for leave to file appeal against dismissal of the complaint in default. Learned counsel for the respondent No.1 is right in submitting that the reasons given in the application are not satisfactory. The applicant came to know on 2.7.2010 that by order dated 28th June, 2010, his complaint was dismissed in default. He applied for certified copy on 2.7.2010 and got the same on 19.7.2010. Thereafter he claimed to have approached the advocate from High Court in December, 2010 when the application proposed to be filed was ready in October, 2010. It shows that it was verified before the Clerk of the Court, Civil Court, Sangli, on 5th October, 2010. Therefore, the application was ready on 2 appln 198 of 2011 that day. All the same since the complaint was dismissed in default without the respondent No.1 being required to appear and contest before the trial Court, and since the matter pertains to dishonour of cheque of Rs.67,536/-, in order to allow the applicant to have his lis decided on merits, application is allowed subject to applicant’s paying costs quantified at Rs.3,000/- to be paid to respondent No.1 within a period of two weeks. If the costs are deposited within the stipulated period, delay shall stand condoned. Application for leave to file appeal be listed two weeks thereafter. (R. C. CHAVAN, J.)