[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1027 OF 2008 Mahadeo Ramadhar Yadav ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Merlyn Monteria advocate for petitioner Ms.A.A.Mane A.P.P. for the State Mr.Sameer R.Jagtap Adv. for Respondent no.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner-original accused, the learned Advocate for the respondent-original complainant and the learned APP for the State. 2. The petitioner is facing prosecution in a case under Section 138 of Negotiable Instruments Act. The said case is numbered as CC No.80/M/2006 and is pending before the learned Metropolitan Magistrate, 14th Court, Girgaum, Mumbai. In the said case, process came to be issued by the learned Magistrate against the petitioner under Section 138 of N.I.Act. Being aggrieved by the order of the learned Magistrate issuing process against him, the petitioner preferred revision, however, there was [-2-] 73 days delay in preferring the revision. Hence, Misc. Application No.1096 of 2007 for condonation of delay came to be preferred by the petitioner. The said application came to be rejected by the learned Magistrate by order dated 25.2.2008. Hence, this petition. 3. It is seen that the delay is of only 73 days. The petitioner has given detailed reasons for delay in preferring the revision. The said reasons have been mentioned by him in his affidavit dated 11.12.2007. Looking to the facts stated in the affidavit and in the interest of justice, I am inclined to condone the delay, however, on payment of costs of Rs.2000/- to the complainant. On the costs of Rs.2000/- being paid to the complainant, the delay shall stand condoned. The learned advocate for the petitioner states that she will pay Rs.2000/- to the learned advocate for the complainant by demand draft within 12 days from today. If as stated, the amount is paid within 12 days, the learned Sessions Judge shall hear and dispose of the revision preferred by the petitioner in accordance with law. [-3-] 4. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]