1 Appln 5715-2009 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5715 OF 2009 Kagal Taluka Sahakari Kharedi .Applicant Vikri Sangh Branch Kaneriwadi V/s. Niwas D. Lad & anr. .Respondents Mr.Ajay A. Joshi, Advocate, for the Applicant Mr.A.A.Desai, Advocate, for Respondent No.1 Mr.S.A.Shaikh, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 15TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for condonation of delay of 39 days in filing an application for leave to file an appeal against Judgment of acquittal of respondent No.2 for the offence punishable under Section 138 of the Negotiable Instruments Act rendered by the learned Judicial Magistrate F. C., Kolhapur. 2 Appln 5715-2009 That application is filed on behalf of Kagal Taluka Sahakari Kharedi Vikri Sangh through Manager operating Subhash Ramchandra Durg. From the arguments advanced, it transpires that Kagal Taluka Sahakari Kharedi Vikri Sangh had, in fact, auctioned Diesel Pump at Kaneriwadi and Subhash Durg was the successful bidder of the auction, who had been allowed to operate Diesel Pump on behalf of the Society. Monies due are not towards Societies but to the applicant Subhash Durg, who had been allowed by the Society to open an account in the Society's name. Therefore, it is not that any amount of the Co-operative Society is being lost. The applicant has claimed that Judgment in this case was delivered by the learned Trial Magistrate on 8th September, 2009. He has stated in his application that he was suffering from pain in the joint and was hospitalized from 12th October, 2009 onwards. There is no reason as to why he could not take certified copy of Judgment from 3 Appln 5715-2009 8th September, 2009 to 12th October, 2009. 3. In view of this, since the applicant had not stated in his application as to what prevented from seeking a certified copy of Judgment and acting on it promptly, the Criminal Application stands rejected. (R.C.CHAVAN, J.)