1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1878 OF 2010 IN CRIMINAL APPLICATION NO.1877 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr.G.K. Kshirsagar, advocate for applicant. Mr.B.S. Deshmukh, advocate for respondent no.1. Mr.S.D. Kaldate, A.P.P. for respondent no.2. 1. Heard Mr.G.K. Kshirsagar, learned counsel for applicant as well as Mr.B.S. Deshmukh, learned counsel for respondent no.1 and Mr.S.D. Kaldate, learned A.P.P. for respondent no.2. 2. This is an application preferred by the applicant for condonation of delay of 95 days caused in filing accompanying appeal against the judgment and order of acquittal rendered by learned Judicial Magistrate, First Class, Bhokardan dated 03.12.2009 in S.T.C. No. 1765/2007, acquitting the respondent no.1 (original 2 accused) punishable under Section 138 of the Negotiable Instruments Act. 3. Learned counsel for respondent no.1 opposed this application vehemently and submitted that the present application bears no substance and same is devoid of any merits and is liable to be rejected. 4. Considering the rival submissions advanced by the parties and for the reasons stated in the application, the applicant has explained the delay satisfactorily. It appears that the said delay is not willful, deliberate and certainly it is not inordinate and therefore, the delay of 95 days caused in filing accompanying appeal is deserves to be condoned in the interest of justice. 5. In the result, the present application is allowed in terms of prayer clause `B' thereof and delay of 95 days caused in filing accompanying appeal against the judgment and order of acquittal is condoned. The present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 26.07.2010 gas/cri878.10