1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPP) NO.1230/2010 IN CRIMINAL APPLICATION NO.1970/2008 IN CRIMINAL APPEAL NO. 543/2008 (Shikshak Sahakari Bank Limited .vrs. Avinash Sudamji Hingane) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.L. Jaiswal, Advocate h/f Mr. A.M. Ghare, Advocate for applicant. .......... CORAM : P.D. KODE, J DATED : MARCH 29, 2011 Heard. By this application, the applicant/original complainant-Bank has prayed for condoning 417 days of delay occurred in preferring an application for restoration of application dismissed for want of prosecution on 14.9.2009 i.e. an application for granting leave to prefer an appeal against the order of acquittal recorded in Summary Criminal Case No.760/2005 instituted by the Bank for commission of offence u/s 138 of Negotiable Instruments Act by the respondent failing to pay an amount of Rs.17,900/- in spite of receipt of demand notice of such amount in view of cheque for such amount being dishonoured being received by him. 2 The conduct of the respondent in not appearing in the matter in spite of service is indicative of himself being not interested in contesting the application. In view of the same and having regard to the reasons mentioned in paragraphs nos.2, 3 and 4 of application and thus sufficient cause being shown for not preferring an application in time, in the interest of justice, the delay occurred in preferring an application for restoration application is hereby condoned. The application stands disposed of. Criminal Application (APPP) No.1231/2010 Heard. Issue notice to respondent upon the restoration application, returnable on 15.4.2011. JUDGE Gulande