1 CR.APLN.111.2011.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 111 OF 2011 MSTC LTD. ...Applicant Vs. Omega Petroproducts Pvt. Ltd. & Ors. ...Respondents Mr. M.S. Mohite, Advocate for the Applicant Mr. Shehzad Rasiwala i/b. M/s. Manilal Kher Ambalal & Co., for the Respondent No.1 Mr. Rajesh More, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 2ND MAY, 2011 P.C. : 1. This application is for condonation of delay in filing the application for leave to file the appeal against the order of acquittal in criminal prosecution under Section 138 of the Negotiable Instrument Act, 1881. 2. The Respondents 1, 2 and 3 who were accused therein were prosecuted upon dishonour of two cheques aggregating to Rs.3.06 crores payable to the Applicant. 3. The Applicant is a Government Company. The Applicant had to prosecute the litigation as such. The amount is stated to be payable under written agreement with the personal undertaking of Accused Nos. 1,2 and 3. 2 CR.APLN.111.2011.odt 4. The impugned order was passed on 27th April 2010. Certified copies were applied for on the same day, but received 45 days thereafter. This period would have to be deducted. Thereafter a delay of 234 days in total has taken place. The Counsel on behalf of the Respondents himself has shown the break-up of the amount of delay. The Applicant as the Government Company had to take recommendation, authority to file complaint, to obtain Counsel's opinion, to draft the Appeal, to send the same to the Head office at Calcutta, to get the approval of the Lawyer and to ultimately file it. At each of these stages some time has naturally been used-up. This is not an unreasonable delay given the status of the Applicant as the Government Company which would be required to follow the aforsaid norms. Hence the delay in filing the appeal is condoned. Application is disposed off accordingly. 5. The application for leave to appeal shall be heard on 22nd June 2011. Counsel on behalf of Respondents 1,2 & 3 waives service. (SMT.ROSHAN DALVI, J.)