1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.821/2010 S. Jagbirsingh s/o Harisingh Shahu Applicant. V E R S U S Khaja Mahinuddin s/o Abdul Rauf Respondent Mr. G.A. Gadle, h/f G.P. Shinde, advocate for applicant. Smt.Guddile, h/f Vijay Sharma adv. for respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 22 nd JUNE, 2010. PER COURT :- 1. Leave to correct the number of days of delay in the present application, granted. 2- Heard learned counsel for the respective parties. 3- This is an application preferred by the application for condonation of 34 days delay, caused in filing accompanying application, seeking leave to file appeal against the judgment and order dated 19.11.2009 rendered by Judicial Magistrate F.C.-8 Nanded in SCC No.1392/2007, acquitting the respondent/accused for the offence punishable under section 138 of Negotiable Instruments Act. 2 4- Learned counsel for the respondent opposed the present application vehemently and submitted that present application bears no substance and same is devoid of any merit, hence same be rejected. 5- Considering the rival submissions, it appears that the applicant has explained delay satisfactorily since he has annexed medical certificate showing his ailment and it also appears that said delay is not wilfull, deliberate and intentional, therefore same deserves to be condoned in the interest of justice. 6- In the result, present application is allowed in terms of prayer clause ‘B’ and delay of 34 days caused in filing accompanying application seeking leave to file appeal stands condoned and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) *** aaa/821.10 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.820/2010 S. Jagbirsingh s/o Harisingh Shahu Applicant. V E R S U S Khaja Mahinuddin s/o Abdul Rauf Respondent Mr. G.A. Gadle, h/f G.P. Shinde, advocate for applicant. Smt. Guddile h/f Vijay Sharma adv. for respondent. CORAM : SHRIHARI P. DAVARE, J. DATE : 22 nd JUNE, 2010. PER COURT :- 1. Heard learned counsel for the respective parties. 2- Issue notice to the respondent. 3- Learned counsel Mr. Mumeshwar h/f Mr. Vijay Sharma waives services of notice for the respondent. 4- Call Record and proceeding from the concerned Court. 5- Stand over to 9 th August, 2010. ( SHRIHARI P. DAVARE, J. ) aaa/821.10 ***