1 appp 140 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 140 OF 2011 IN CRIMINAL APPLICATION NO.2260 OF 2006 Ganga Prasad Shgarma .. Applicant -versus The State of Maharashtra and anr .. Respondents. Mr. A.K. Singh, for the Applicant. Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 6th June, 2011 P.C. 1. Heard learned counsel for the applicant. 2. This is an application for condonation of delay and for restoration of Criminal Application No.2260 of 2006 dismissed in default on 7th July, 2006. 3. For the reasons recorded delay of 4 years and 136 days is condoned. 4. The original applicant sought leave to file appeal against acquittal in case of offence punishable under Section 138 of the Negotiable Instrument Act, in respect of a cheque for Rs.1,00,000/-. Considering the negligence on the part of applicant in prosecuting his application and failing to note that the application was dismissed in default for a period of almost 2 appp 140 of 2011 4 years, application is allowed subject to applicant's paying costs of Rs.5,000/- to the respondent No.2 within a period of three weeks. 5. Criminal Application 2260 of 2006 is restored to file subject to costs being paid or deposited by the applicant. 6. Criminal Application No.140 of 2011 stands disposed of. (R. C. CHAVAN, J.)