1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPA) No. 111/2009 (Vishnukumar s/o Basantlal Agrawal .vs. Rajsh Paliram Gupta and one ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M. Iliyas Shekhani, Advocate for Applicant. Mr. S.A. Mohta, Advocate for Respondent no.1. Mr. D.P. Thakre, APP for Respondent no.2. CORAM : P.D. KODE, J. DATED : DECEMBER 9, 2009 Mr. S.A. Mohta, learned counsel states that yesterday he has filed power for respondent no.1. Heard. Having regard to the reasons mentioned in the application that the applicant was not able to prefer an application for grant of leave to file appeal against the judgment and order acquitting respondent no.1 for commission of offence punishable under Section 138 of the Negotiable Instruments Act due to his wife had fallen sick from 29.6.2009 up-till 11.9.2009 and the same being supported by medical certificate, the delay of 65 days in preferring the application for leave within the time deserves to be condoned in interest of justice for giving an opportunity to applicant to test merits of his contentions subject to payment of costs of Rs.1,000/- to respondent no.1 within seven days from today. 2 List the application for leave on 11.12.2009. JUDGE halwai