1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2121 of 2007 with Cri.Application No. 2125 of 2007 In Cri.Appeal St.No.431 of 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The applications are for condonation of delay and leave to appeal. There is delay of 104 days in filing of the application for seeking leave to appeal. According to the applicant, the decision to prefer appeal was required to be taken by the Managing Committee of the Cooperative Society and, therefore, it took some time. The delay is attributed to official difficulties and time consumed in obtaining the certified copies. It is also submitted that the applicant has got a good case. Though served, the Respondent No.1 failed to appear. The explanation given by the applicant is, therefore, accepted as the same is sufficient to condone the delay. Consequently, the delay is condoned. 3. So far as the order of acquittal is concerned, it transpires that the Respondent No.1 admitted that he had obtained loan from the applicant. The learned Judicial Magistrate rendered the acquittal on the ground that exact amount due from the defendant was not proved by producing the loan account extract. The learned Magistrate drew adverse inference against the applicant. The adverse inference available from the circumstances and statutory presumption U/s 139 of the N.I.Act, will have to be balanced appropriately. In this view of the matter and having regard to the fact that the Respondent No.l admitted loan transaction, I deem it proper to grant leave to appeal. The application is allowed. 4. Admit the appeal. 5. Call R & P. 6. Notice of appeal made returnable on 5.10.2009. 7. Mr. K.S. Patil, learned A.P.P. waives service for the Respondent No.2. (V.R.KINGAONKAR,J.) Dt.13.08.2009. asp/office/Crapp2121.07