1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.646 OF 2011 M/s.Philips Electronics India Ltd..Applicant V/s. Smt.Santosh Rajesh Gupta & anr. .Respondents Mr.P.D.Desai, Advocate, for the Applicant Mr.Nilesh Das, Advocate, for Respondent No.1 Smt.P.P.Bhosale, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 7TH DECEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. This is an application for condonation of delay of 249 days in seeking leave to file an appeal against acquittal of the respondents ordered by the learned Addl. Sessions Judge after reversing Judgment of conviction recorded by the learned Metropolitan Magistrate, 10th 2 Court, Andheri, Mumbai for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned counsel for the respondent has a very valid objections to the application. He points out that the delay is not at all calculated and he also submits that recitals in paras 8 & 9 about Director incharge of legal affairs of the Applicant Company being busy are thoroughly irrelevant, since the appeal is filed under the signature of one D.V.Bhat. All the same, in view of the observations of the Supreme Court in Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & ors, reported at (1987)2 SCC 107, since the applicant was not to benefit by delay. Delay is condoned subject to costs of ` 10,000/- to be paid to respondent No.1 considering the value of cheque which is ` 20,26,650.34/-. Costs to be deposited within a period of two weeks. If the costs are so paid, the respondent would be at liberty to receive the costs from 3 the registry of this Court. If the costs are not deposited within a period of two weeks, the order shall stand revoked without further reference to the Court. List the application for leave to file an appeal on 21st December, 2011. (R.C.CHAVAN, J.)