1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4009 OF 2010 IN CRIMINAL APPLICATION NO. OF 2010 Mrs. Shilpa R. Jaisinghani ..Applicants. v/s. Mrs. Namita Ganwani & Anr. ..Respondents. Mrs. Solanki Chawla and H.H.Nagi for Nagi and Associates advs. for the Applicants. Mr. Y.M.Nakhwa, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 14th September, 2011 PC : 1 Heard the learned counsel for the parties. 2 The applicant, who is original complainant, has filed this application for condonation of delay of 1046 days in filing the appeal against the order of acquittal passed by the Sessions Court allowing the appeal filed by the accused against the conviction for the offence under Section 138 of the Negotiable Instruments Act. According to the applicant, because of the financial constraints and due to ill health of her husband, who was continuously not keeping well for a long time, she could not file appeal within time. The application is strongly opposed on behalf of the accused/respondent on the ground that as per the medical certificates 2 produced by the applicant, husband of the applicant had fallen ill and was admitted in the hospital for some time in April, 2009 while the judgment of the acquittal was delivered in July, 2007 and, therefore, there is no satisfactory reason for condonation of delay . 3 The learned counsel for the applicant points out from the judgment that the trial Court had convicted accused giving strong reasons while the appellate Court allowed the appeal and acquitted the accused on very technical ground not believing the communication from of the bank that the cheque was dishonoured for want of sufficient funds. After going through the reasons given by the Appellate Court, I find that the interest of justice requires that even though there is a long delay, it should be condoned. 4 Therefore, the application is allowed and the delay is condoned. The application stands disposed off. 5 The application seeking leave to prefer appeal be registered and listed for admission on 14.10.2011. (J.H.BHATIA, J.)