1 Cri-A-2489-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 2489 OF 2010 IN CRIMINAL APPEAL NO. 20 OF 2010 Shrinwas Tuljaram Burudkar ... Appellant vs. Smt. Rukmini Vishwanath Shendge & Anr. Respondents Mr. N.P.Shimpi,Advocate, for the appellant. Mr. D.V.Gangal i/b. Ram Singh, Advocate for respondent No.1. Smt. P.P. Shinde, APP, for the respondent No.2. CORAM: J.H.BHATIA,J. DATE : 12th September, 2011. P.C. 1. Heard. The applicant, who is the original complainant, seeks condonation of delay in filing the appeal against acquittal for the offence under Section 138 of Negotiable Instruments Act. According to him, there is delay of 15 days while according to the respondent/accused, delay is of 59 days. According to the applicant, the judgment of acquittal was delivered on 11.1.2010 and on the same day, he had applied for certified copy which he received on 24.2.2010 and thus, excluding the period taken for certified copy, period of limitation was upto 25.4.2010, while the appeal along with this application were filed on 10.5.2010. 2 Cri-A-2489-10.sxw 2. The learned Counsel for the respondent contends that the charges for the certified copy were deposited on 23.2.2010 and that period till then cannot be excluded. There is dispute as to whether there was delay on the part of the applicant in paying the charges or on the part of the Copying Section in assessing the copying charges. Anyhow, in my opinion, it wil not be desirable to dismiss the application seeking leave to prefer appeal on this technical ground. 3. Therefore, the application is allowed. The delay is condoned. The Application stands disposed of. 4. The application for leave to prefer appeal be registered and listed for admission on 11.10.2011. (J.H.BHATIA,J.)