2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO. 3016/2009 IN CRI. APPLN NO. 3015/2009 Mr. Joydeep Chatterji adv. for the applicant. CORAM : V. R. KINGAONKAR, ,J. DATE : 12th october, 2009. 1. Heard. 2. The applications are for condonation of delay and leave to appeal. Delay is only of 19 days. The delay is apparently explained in paragraph No.4 and 5 of the application. Though served, the respondent has remained absent. Delay is marginal and un-intentional. I accept the explanation. Hence delay is condoned. Application allowed. 3. Leave to appeal is sought against the judgment of acquittal rendered in STC No.100/2005 for offence under section 138 of the Negotiable Instruments Act. It appears that the acquittal is rendered by the Ld. Magistrate because the applicant was not found to have approached the criminal court with “clean hands”. The Ld. Magistrate was impressed by the fact that reply given 2 to the notice indicated the defence of the respondent. It appears that there was a transaction between the parties regarding sale of the shop. It is necessary to consider whether cheque was issued by the respondent in the context of such agreement of sale. Considering the reasons ascribed by the Ld. Magistrate I am of the opinion that this is a fit case in which leave to appeal may be granted. Application is therefore allowed and leave is granted. 4- Admit. 5- Call for Record and Proceedings. 6- Print dispensed with. The appellant to furnish private paper book within 10 weeks after R & P is received. [ V. R. KINGAONKAR ,J. ] ****** Dt :- 12.10.2009 aaa/3016.09