1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 280/2011 Manish Krishnagopal Newatia ..vs.. Panchbhai Poultry Pvt. Ltd. thr. Shri Gangadhar Domaji Shastri & ors. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. H. R. Gadhia, Advocate for applicant. Mr. R. P. Dixit, Advocate for respondent nos. 2, 3 and 5. CORAM : M.N. GILANI, J. DATED : DECEMBER 5, 2011 1. Heard learned counsel for the parties. 2. This is an application for condoning a delay of 33 days in filing appeal vis-a-vis an application for leave to appeal against judgment and order of acquittal dated 12.10.2010 passed by Additional Sessions Judge, Nagpur in Criminal Appeal No. 3/2009. The appellant is original complainant in Summary Criminal Case No. 1494/2005 filed under Section 138 of the Negotiable Instruments Act alleging dishonour of three cheques each valued of Rs. 2,50,000/-. Respondent nos. 1 to 5 were convicted. However, in Criminal Appeal No. 3/2009 and Criminal Revision No. 74/2009, they were acquitted. 3. The ground for condonation of delay is that the appellant was suffering from Enteric Fever and Anemia for about 2 ½ months. Annexure A-1 is Medical Certificate. The respondents opposed the application by 2 stating that the ground for condoning the delay put forth by the appellant is false. 4. Prima facie, it cannot be said that the appellant was not suffering from Enteric fever and Anemia and it was not the cause for delay. The ground appears to be probable. In that light of the matter, the application is allowed. Delay condoned. 5. The application stands disposed of accordingly. JUDGE kahale