1 crap4674.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4674 OF 2011 IN CRIMINAL APPLICATION NO. 4673 OF 2011 Asaram s/o Eknathrao Thombare ...Applicant VERSUS Kalyan s/o Punjaram Chavan and anr. ..Respondents ..... Shri V.H.Solanke, advocate for applicant Respondent no.1 served, absent Smt. Y.M.Kshirsagar, A.P.P. for Respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19th December, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 124 days caused in filing the accompanying Criminal Application seeking leave to file appeal, challenging the judgment and order, dated 20.4.2011, rendered by learned Judicial 2 crap4674.11 Magistrate, First Class, Sailu, in S.C.C. No. 257 of 2005, 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 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 124 days caused in filing the accompanying application stands condoned and present Criminal Application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4674.11