1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3382/2009 ( Shikshak Sahakari Bank Ltd. .vs. M/s Prarabhde Construction, Nagpur and another. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. L.H. Kothari, Advocate for Applicant. Mr. Tambade, Advocate for Respondent No.2. CORAM : P.D. KODE, J. DATED : DECEMBER 14, 2009 Heard. By the present application, the applicant has prayed for condoning delay of 68 days in preferring an application under Section 378 (4) of Cr.P.C. for leave to file appeal against the judgment and order dated 18.3.2009 acquitting respondents no.1 and 2 of offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel appearing for respondent no.2 has vehemently opposed the prayer made on the count of sufficient cause being not revealed and on the contrary the negligent attitude of the counsel for the applicant being reflected from the matters stated in application. Having regard to the reasons mentioned and having regard to the fact that the complainant had filed the complaint for bouncing of cheque of the value of Rs.3 lacs, it is difficult to accept that any litigant would allow 2 such a matter go by default. Having regard to the same and in order to give an opportunity to the complainant for testing the merits of his case, the delay of 68 days in preferring an application is hereby condoned subject to the complainant paying costs of Rs.2,000/- to the respondents within three days from today. Application stands disposed of. Criminal Application No. ________/2009. Heard. Having regard to the submission advanced by the learned counsel for the applicant, that the trial Court has misconstrued the presumption under the statutory provision and there appears some substance in the said contention after considering the reasoning given in para 5 of the judgment , the applicant has made out an arguable case for granting a leave as prayed. Hence special leave is granted. Criminal Appeal No. _______/2009. Heard. Issue notice before admission to the respondents returnable on 19.12.2009 indicating that the matter may be disposed of finally at the admission stage after hearing both the parties. Call for R. & P. Mr. Tambade, learned counsel appears for respondent no.2 by waiving notice. JUDGE halwai