1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.955 of 2009 with Cri.Application No.963 of 2009 In Cri.Appeal St.No. 204/2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. There is delay of 28 days in filing of the appeal. The delay is explained in para 2 and 2 of the application. It is asserted that the appellant had no legal knowledge and was not aware about the pronouncement of the judgment in question. He asserted that the delay is unintentional and caused due to lack of legal knowledge. The delay is apparently unintentional and not enormous as such. Consequently, the delay is condoned. 3. So far as leave to appeal is concerned, it is worthwhile to note that the demand notice was not replied by the Respondent. His plea was that the amount was satisfied and a blank cheque given by way of security was misused by the complainant. The blank cheque could have been filled up by the complainant. It prima facie appears that though the cheque was issued in 2005, yet, the learned Magistrate considered the earlier transactions of 2001 and 2002. In this view of the matter, I find that the leave to appeal needs to be granted. Leave granted. 4. Admit. 5. Call R & P. 6. Print dispensed with. 7. The appellant to furnish private paper book within ten (10) weeks. 8. Mr.Chewale, learned advocate waives service for the Respondent. 9. Mr.Deshmukh, learned advocate undertakes to furnish copy of the paper book to the Respondent immediately. (V.R.KINGAONKAR,J.) Dt.08.09.2009. asp/office/Crapp955.09