1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.149 OF 2009 IN CRIMINAL APPLICATION No. 1307 OF 2009 Mr Subhash Nanasaheb Deshmukh .. Applicant. vs. Rajendra Bharat Parbat and Anr .. Respondents. Mr Surel S. Shah and Gauri S. Shah for the applicant. Mr P.A.Pol, A.P.P.,for the Respondent No.2. CORAM: : A.R. JOSHI,J. DATE : 25.06.2009. P.C.:- 1. Heard rival submissions for some time. It is the application for condonation of delay in preferring the leave petition to file an appeal against the acquittal of respondent no.1 in the matter of offence punishable under Section 138 of the N.I. Act. It appears that against such order of dismissal of complaint by the Judicial Magistrate, 2 Madha dated 28th September, 2005, Criminal Revision was preferred before the learned Sessions Court at Solapur. In fact, it was the erroneous step taken by the applicant instead of coming to this Court along with leave petition to file an appeal against the acquittal. However, said criminal revision was dismissed on 23.5.2008. After such dismissal again there was delay of 130 days in preferring the present leave petition. In fact, total delay is more than three years and not only 130 days. 2. On the above delay, it is submitted on behalf of the applicant that under the bona fide belief as to availability of criminal revision against the order of acquittal of dismissal of complaint, applicant preferred such forum and this has caused the delay till May, 2008. Thereafter, according to the applicant, there was delay caused in giving instructions to his Advocate to file leave petition and the appeal memo and inadvertently at the earliest stage on application for condonation of delay was not filed and again it took time to prepare requisite documents and to come before this Court. 3. Here it is matter in which without there being disposal of the matter on merits in the case of bouncing of cheque for Rs. 75,000/-, there is acquittal of the respondent No.1. In the opinion of this Court, an 3 opportunity is required to be given to the applicant to redress his grievance in the matter of bouncing of cheques and hence present application for condonation of delay is allowed. Delay is condoned. Application No. 149 of 2009 is disposed of. 4. Leave petition along with appeal shall come before this Court after four weeks. Applicant to serve the respondent no.1 again by Hamdast and also by R.P.A.D. returnable four weeks. (A.R.JOSHI,J)