1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1614 OF 2009 IN CRIMINAL APPEAL ST. NO.278 OF 2009 Smt.Kusum Padmanna Mangudkar Applicant Versus The State of Maharashtra & another Respondents Mr.Prashant Deshmukh, advocate for the applicant. Mr.Dilip Bankar Patil, A.P.P. For Respondent No.1. CORAM: R.M.BORDE, J. DATE : 26th June, 2009. P.C.: 1 This is an application seeking condonation of delay of 170 days occurred in presenting criminal appeal under Section 377 of the Code of Criminal Procedure. 2 It appears that case was instituted otherwise than upon the report presented by police. Applicant-complainant has presented complaint under Section 138 of the Negotiable Instruments Act, wherein, after full length trial, trial Court was pleased to convict the accused. 2 However, complainant has approached this Court finding exception to the quantum of sentence imposed by the trial Court. 3 Learned Counsel appearing for the applicant could not satisfy as regards maintainability of appeal under Section 377 of Cr.P.C. 4 In this view of the matter, application tendered seeking condonation of delay need not be entertained. 5 Criminal Application, therefore, stands rejected. Consequently, appeal also fails and stands rejected. (R.M.BORDE) JUDGE ******* adb/criappln161409