IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.901 OF 2006 IN CRIMINAL APPLICATION NO.4560 OF 2006 M/s National Small Industries Corpn.. Applicant/Appellant. vs. Shri Kamlakar Eknath Rao and Anr ..Respondents. Mrs Sonali Shinde i/b M/s Constula Juris for the Applicant. Mrs M.H.Mhatre, A.P.P.,for the State. CORAM : A.R. JOSHI,J. DATE : 19.06.2009. P.C.:- Heard learned Advocate for the applicant. It is the application for condonation of delay of 65 days in filing the leave petition to file appeal against the order of acquittal of respondent no.1 in the matter of offence punishable under Section 138 of the Negotiable Instruments Act. The said order was passed by the Metropolitan Magistrate 6th Court, Mazgaon, Mumbai on 25.7.2006. Reportedly, thereafter, the said order was challenged before the Sessions Court, Mumbai. However, as it was not so maintainable said appeal was rejected by the Sessions Court on 1.11.2006. Thereafter, leave petition was filed before this Court having delay of about 65 days. It appears that there was delay in communicating Advocate and getting approval from the concerned authorities of the applicant  corporation. For the said reasons mentioned in the application delay of 65 days is condoned. 2. Consequently, present application is allowed and disposed of. Leave petition to come up on board after four weeks. In the mean time the applicant to serve the respondent no.1 by Hamdast and also by R.P.A.D.,and to file affidavit of service by the next date. 3. The learned A.P.P.,for the Respondent No.2- State waives service. (A.R.JOSHI,J)