( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 470 OF 2009 Manoj s/o Vishwanath Sonwane APPLICANT VERSUS Shrimant s/o Kerba Kavale RESPONDENT ..... Mr. T.M. Venjane, advocate for the applicant. Mr. Gopinath Patil, advocate, holding for Mr. V.G. Sakolkar, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th September, 2009] PER COURT : 1. Heard. 2. The application is for condonation of delay. There is delay of 252 days. The applicant submits that his private complaint case for offence punishable under section 138 of the Negotiable Instruments Act, bearing STC No. 493/2006 came to be dismissed vide the impugned order dated 31-03-2008. He had already filed his ( 2 ) affidavit in lieu of examination-in-chief. The applicant submits that he had suffered financial losses in the business and was unable to reconcile himself. He submits that his brother-in-law died on 24-10-2007. He was required to look after his sister and discharge the liabilities arising out of the untimely death of his brother-in-law. He was shocked due to the untimely death of his brother-in-law. He challenged the order of acquittal under section 256 of the Criminal Procedure Code, rendered by the learned Judicial Magistrate (F.C.), because he was found absent on the date of hearing, by filing criminal writ petition No. 40/2009. That petition was withdrawn on 30th January, 2009 since it was untenable. The time was consumed in all these matters, including the mental condition of the applicant as a result of the death of his brother-in-law, the financial losses and the dismissal of the writ petition as withdrawn. It is pertinent to note that no reply is filed. The explanation given by the applicant is thus acceptable because the same has remained uncontroverted. Consequently, the application is allowed and the delay is condoned. ( 3 ) 3. The other applications to be heard on 10th November, 2009. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln470-09