1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1758 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Arti Rajesh Kangutkar .. Applicant V/s. Anna Rocky Fernandes & Anr. .. Respondents Mr.Abhijeet Desai for the Applicant. Mr.J.H.Kurk for Respondent No.1. Mr.D.p.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 18TH,2009. P.C. Heard rival submissions for some time. 2. It is the application for condonation of delay of about 133 days in preferring the leave to file an appeal against the acquittal of Respondent No.1 in the matter of offence punishable under section 138 of Negotiable Instruments Act. 2 3. Perused the contents of the delay condonation application and specifically the grounds mentioned in paragraph No.3 as to disturbed state of mind of the applicant due to dismissal of her complaint on merits. Considering the nature of case and considering the dishnour of cheques for amount of Rs.3,00,000/-, in the opinion of this Court, the delay in preferring the leave petition can be granted and an opportunity can be given to the parties for redressing the grievance. In the result, the delay caused in preferring the leave petition is condoned and accordingly present application, is disposed of. 4. The matter is adjourned for two weeks for hearing on leave petition. (A.R. JOSHI, J.)