1 appln 3373 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3373 OF 2010 Arun Choudhari .. Applicant. -versus Vilas Abhimanyu Patil .. Respondent. Mr. Ashok B Tajane, for the Applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 18th July, 2011 P.C. 1. The applicant has filed an affidavit of service stating that he had sought to serve respondent personally, but respondent refused to receive personal service. Notice sent by Regd. Post A.D. has been returned "unserved" with the remark "not claimed". In view of this service is held to be proper. 2. This is an application for condonation of delay of 15 days in filing application for leave to file appeal against the judgment of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instrument Act, rendered by the learned J.M.F.C. Court No.3. Nashik. Since the respondent has not cared to contest this application, 2 appln 3373 of 2010 for the reasons mentioned in the application, application is allowed. Delay is condoned. 3. Application for leave to file appeal may be listed on 1.8.2011. (R. C. CHAVAN, J.)