1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 440 OF 2010 IN CRIMINAL APPLICATION NO. 439 OF 2010 Nimbhora Station Phal Bagayatdar Sahakari Phal Vikri Society Ltd. ...Applicant VERSUS Ashok s/o Devchand Patil ...Respondent ..... Shri M.B.Bharaswadkar, advocate for applicant Shri B.R.Kedar, advocate for sole respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 17th June, 2010 PER COURT : 1 Perused the contents of the application. Heard learned counsel for the applicant (original complainant and the learned APP for the respondent (original accused). 2 This is an application preferred by the applicant for condonation of delay of 85 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 2.9.2009 passed by the learned Judicial Magistrate, First Class, 2 Raver, in S.C.C. No. 940 of 2005, acquitting the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. 3 For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 4 Hence, present Criminal Application is allowed in terms of prayer clause 'A' thereof and delay of 85 days caused in filing the accompanying application seeking leave to file appeal stands condoned and present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap440.10