1 Cri.W.P. 49.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 49 OF 2010 [Ibrahim Yusufbhai Saria Vs. The Shegaon Shri Agrasen Soceity Ltd. Through its Secretary Shri Vinod Parashram Patil] Mr.C.R.Deshpande,Advocate for the petitioner Mr.Amit S.Savale,Advocate for respondent Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1] Heard. 2] This Criminal Writ petition is filed against the order passed by the learned 3rd Joint Judicial Magistrate First Class, Shahada,dated 2nd December, 2009, on Exh.80 in S.T.C.C.No. 1136 of 2006. The applicant-accused made an application, rather belatedly though, Registered Post A.D. Notice, was sent by the respondent-complainant to him prior to initiating the action under section 138 of the Negotiable Instruments Act. 2 Cri.W.P. 49.10 3] It was all along defence of the applicant-accused that he did not receive the notice under sub-section (3) of Section 138 of the Negotiable Instruments Act, and he not only stopped at that, but suggested that the acknowledgment produced before the Court, does not bear his signature. After evidence of the respondent- complainant was over on 13th July,2009, the learned Magistrate recorded the statement of the applicant-accused under section 313 of Code of Criminal Procedure. At that time, the applicant- accused did not indicate that he would get acknowledgment examined by a Handwriting expert. Thereafter, the case was adjourned from time to time, for hearing the arguments. After four months, in November 2009, for the first time the application Exh.80 was moved and the learned Judge rejected it mainly on the ground of delay in preferring the Application. 4] After hearing both the sides and taking into account consistent defence of the applicant-accused, I am of the view that the applicant-accused 3 Cri.W.P. 49.10 deserves an opportunity to get what is sought in the Application Exh.80. I am also of the view that this indulgence can be shown only on putting the applicant to terms. On paying costs of Rs.5000/- to the respondent-complainant and or before 31st March,2010, the Criminal Writ petition shall stand allowed and the Application Exh. 80 shall stand allowed. 5] Hamdast allowed. Sd/- DT.: 24.03.2010 [A.V.NIRGUDE,J.] MTK