1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.4391/2009 Bajaj Industries Majalgaon Through Proprietor Dhamodhar Murlidhar Bajaj Applicant. V E R S U S The State of Maharashtra and anr. Respondent Mr. P.K. Lakhotiya, advocate for applicant. Mrs. B.R. Khekale, APP for respondent No.1. Mr. M.M. Patil, Adv. for respondent No.2. CORAM : SHRIHARI P. DAVARE, J. DATE : 22 nd JUNE, 2010. PER COURT :- 1. Heard Mr. Lakhotia learned counsel for the applicant, Mrs Khekale learned APP for respondent No.1 and Mr. M.M. Patil, advocate for respondent No.2. 2- This is an application preferred by the applicant for condonation of delay of 18 days caused in filing accompanying application seeking leave to file appeal against judgment and order of acquittal dated 24.09.2009 passed by Addl. Chief Judicial Magistrate, Majalgaon in SCC No.1117/2005, there by acquitting the accused under section 138 of Negotiable Instruments 2 Act. 3- It is the contention of the applicant that since he was out of station for religious function for the period of two weeks, he could not able to communicate his advocate in time to prefer appeal, and therefore, delay of 18 days was caused in filing accompanying application seeking leave to file appeal. 4- The learned counsel for respondent No.2 opposed present application vehemently and submitted that no details and particulars have been given in respect of the cause by the applicant for condonation of delay. Hence, learned counsel for the respondent No.2 submitted that present application is devoid of any merits and therefore same be rejected. 5- Considering the rival submissions, it appears that, although, the applicant has not given details and particulars ; the cause for the delay has been spelt out in the present application and applicant has explained delay satisfactorily. It also appears that said delay is not wilful, deliberate and intentional and certainly it is not inordinate and same deserves to be condoned in the interest of justice subject to payment of reasonable costs, which is quantified at Rs.500/- payable by the applicant to the respondent. 6- In the result, present application is allowed and delay of 18 days caused in filing accompanying application seeking leave to file appeal stands 3 condoned subject to payment of costs of Rs.500/- payable by the applicant to the respondents, within period of two weeks. Present application is disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) AAA/4391.09 --- 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.4390/2009 Bajaj Industries Majalgaon Through Proprietor Dhamodhar Murlidhar Bajaj Applicant. V E R S U S The State of Maharashtra and anr. Respondent Mr. P.K. Lakhotiya, advocate for applicant. Mrs. B.R. Khekale, APP for respondent No.1. Mr. M.M. Patil, Adv. for respondent No.2. CORAM : SHRIHARI P. DAVARE, J. DATE : 22 nd JUNE, 2010. PER COURT :- 1. Heard Mr. Lakhotia learned counsel for the applicant, Mrs Khekale learned APP for respondent No.1 and Mr. M.M. Patil, advocate for respondent No.2. 2. Issue notice to the respondents. Mrs. Khekale APP accepts notice for respondent No.1 as well as Mr. Patil accepts notice for respondent No.2 and seeks time to take instructions. Hence by consent stand over to 6 th August, 2010. 3. Call Record and Proceeding from the concerned Court till the said date. ( SHRIHARI P. DAVARE, J. ) AAA/4391.09 ---