IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5230 OF 2009 IN CRIMINAL APPLICATION NO. OF 2009 Mrs. Smita H. Bhoir ..Applicant. v/s. Mr. Rajendra Prasad Pandey & Anr. ..Respondents. Applicant present in person. Mr. Y.M.Nakhwa, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 9th September, 2011 PC : 1 This application is filed by the original complainant seeking condonation of delay of 32 days in filing the appeal against the order passed by the Sessions Court whereby the accused was acquitted by setting aside the order of conviction passed by the trial Court for the offences punishable under Section 138 of the Negotiable Instruments Act. This application for condonation of delay is pending for a long time and in spite of several attempts, notice could not be served. The applicant has filed affidavit that the respondent/accused is absconding and is not available and, therefore, it is difficult to serve him. The applicant has also produced the copies of the order passed by the Metropolitan Magistrate, 26th Court, Mazgaon to show that in another case, his conviction has become final and he is absconding and could not be arrested in-spite of NBW. It appears that the learned Magistrate also has issued proclamation against the accused with the standing arrest warrant. In view of these circumstances, it is clear that applicant is not in a position to serve the respondent. 2 Taking into consideration the fact that the respondent was firstly convicted by the trial Court and his conviction was set aside by the appellate Court , for the reasons given in the application, delay of 32 days is condoned. This application stands disposed off. 3 Application for leave to prefer appeal be registered and placed for admission on 11.10.2011. (J.H.BHATIA, J.)