1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2831/2009 IN CRIMINAL APPLICATION NO.367/2010 (APPA) (Swami Vivekanand Cooperative Housing Society .vrs. Asif Ekbal Jafar Ekbal) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.N. Mothghare, Advocate for applicant, Mr. Manoj Mishra, Advocate for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 28, 2011 Heard. By this application, the applicant/society has prayed for condoning 137 days delay in preferring an application for leave to file appeal against the order passed by the learned JMFC, Achalpur in Criminal Complaint Case No.345/1995 acquitting the non- applicant from the commission of offence punishable under Section 138 of the Negotiable Instrument Act. The said complaint case was instituted by the applicant on the count of the cheque given by the non-applicant of Rs.40,000/- for his legal liability towards the society had bounced and the non-applicant had failed to pay the amount after receipt of demand notice. The learned counsel for the applicant has 2 made a statement on the lines of the stand taken by the non-applicant in the say filed opposing application. Having regard to the reasons mentioned in the application and having regard to the grounds on which the objections are raised, the same cannot be said to be altogether devoid of merit. However, considering the nature of transaction between the parties, it is difficult to accept that the society would have allowed lapsing of such amount due to the society. Having regard to the same, merely because of the action on the person acting on behalf of the society to act in time, society cannot be allowed to suffer. Needless to add that the condoning delay is unlikely to cause prejudice to applicant as he would be getting due opportunity to contest the matter on merits. In view of the same, it is difficult to accept that having regard to reasons mentioned in application, sufficient cause is not shown for condoning delay. Hence, for serving the ends of justice, the delay deserves to be condoned and the same is hereby condoned, subject to payment of costs of Rs.500/- to the non-applicant by the applicant within a period of four weeks from the date of this order. The application stands disposed of. List the matter for admission on 14.3.2011 JUDGE Gulande