1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO. 349/2009 in CRIMINAL APPLICATION (APPA) NO. 54/2009 [M/S KIRLOSKAR BROS. LTD., ..VS... STATE OF MAHARASHTRA AND ANOTHER] ......................................................................................................................................... Office Notes, Office Memoranda of Coram,appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ......................................................................................................................................... Mr. M.A.Vishwarupe, Advocate, for the applicant CORAM : P.D. KODE, J. DATE : DECEMBER 18, 2009. Heard. By the present application, Original complainant in Misc. Criminal Case No.1888 of 2003 (new Reg.C.A.No. 10124/06) is seeking for condonation of 16 days delay occurred in preferring an application for leave under Section 378(4) of Code of Criminal Procedure against the order dated 21.09.2005 dismissing in default the complaint filed by him for commission of offence punishable under Section 138 of Negotiable Instruments Act in respect of bounced cheque of an amount of Rs.1,70,000/-. The act of respondent no.2 in not appearing in spite of service of notice is indicative of respondent being not interested in contesting the application. Having regard to the same and having regard to the subject matter of the complaint, it is difficult to perceive that any sane litigant will allow such a lis to be lapsed by default. 2 Having regard to the same, for giving an opportunity to the applicant for contesting the merits of his case, in the interest of justice, the delay of 16 days in preferring an application for leave under Section 378(4) of Code of Criminal Procedure is hereby condoned, subject to paying a cost of Rs.750/- to the High Court Legal Services Sub Committee, Nagpur, within a period of 7 days from today. Application stands disposed of. List the matter on 15/01/2010 for considering the application for leave. JUDGE Rvjalit