1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2722 of 2008 In Cri.Application No.2721/2008 In Cri.Appeal St.No. 602/208. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard Mr.S.N. Janakwade, learned advocate holding for Mr. P.R.Katneshwarkar, advocate for the applicant. 2. The delay condonation application and the application for leave to appeal are simultaneously considered. There is delay of 23 days in filing of the Criminal Appeal. Though served, the Respondent remained absent. There is no reply filed by the Respondent to refute the averments in the application pertaining to explanation for the delay. The explanation appearing from para 3 of the application seems to be sufficient. It appears that the delay is unintentional. Hence, the delay is condoned. The application is allowed. 3. So far as leave to appeal is concerned, the impugned judgment shows that the learned Judicial Magistrate held that there was demand notice issued by the appellant and was duly served on the Respondent. The contention of the Respondent was that he was cultivating the agricultural land of the appellant (complainant) on batai basis. The Respondent alleged that the appellant obtained his signatures on blank cheque book which was not returned. He alleged that the cheque was misused. The documentary evidence as well as the oral evidence of the parties is required to be properly assessed, particularly, in view of the presumption available U/s 139 of the N.I. Act. Consequently, leave to appeal is granted. 4. Admit. 5. Call R & P. 6. Print dispensed with. 7. The appellant to furnish private paper book within ten (10) weeks. (V.R.KINGAONKAR,J.) Dt.08.09.2009. asp/office/Crapp2722.08