IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 56 OF 2011 IN STAMP NUMBER MAIN NO. 294 OF 2011 VASANT ANANT SHETYE ... Applicant Versus MRS. SHIVAJI CHANDRASHEKHAR DESAI AND ANR., ... Respondents Mr. R. Gawas, Advocate for the applicant. Mr. Y. D. Sawant, Advocate for respondent nos.1. Mr. C. A. Ferreira, Public Prosecutor for respondent no.2. Coram:- A. P. LAVANDE, J. Date:- 14th July, 2011 P.C. Leave to correct the cause title. Amendment to be carried out within a period of one week. 2. Heard Mr. R. Gawas, learned Advocate for the applicant, Mr. Y. D. Sawant, learned Advocate for respondent nos.1 and Mr. C. A. Ferreira, learned Pubic Prosecutor for respondent no.2. 3. This is an application seeking condonation of delay of 88 days in filing application for leave to appeal under section 378(4) of Cr.P.C. against Judgment and Order of acquittal dated 23.8.2010 passed by Judicial Magistrate First Class, Panaji in Criminal Case No.127/OA/2008/B by which respondent no.1 has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act. 4. According to the applicant the delay of 88 days has occasioned on account of the fact that husband of respondent no.1 approached the applicant and asked applicant not to prefer an appeal and gave assurance that he would settle all the cases under section 138 of the Negotiable Instruments Act. According to the applicant there are more cases filed by the applicant against the respondent no.1 for the offence punishable under section 138 of the Negotiable Instruments Act. This version of the applicant on affidavit has not been controverted by respondent no.1 by filing counter affidvait. Therefore there is no reason to disbelieve the statements made in the application. 5. In view of the above delay of 88 days in filing application for leave to appeal is condoned subject to the applicant paying cost of Rs.1000/-( Rupees one thousand only) to the respondent no.1. The costs shall be deposited in the registry within a period of two weeks. If costs are deposited registry to pay the same to respondent no.1. 6. Application stands disposed of. A. P. LAVANDE, J. vn