1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2140 OF 2007 IN CRIMINAL APPLICATION NO.2139 OF 2007 Sumati D/o Bhikan Gosavi Applicant V/s Panchasheelabai W/o Damodhar Pagare. Respondent ------------------------------------------------------------------------------------------------------- Mr. S.P. Brahme, the Advocate for Applicant. Mr. P. S. Bhandari holding for Shri. D. S. Bharuka for sole Respondent. ------------------------------------------------------------------------------------------------------ (CORAM : V. R. KINGAONKAR, J.) DATE : 27th August, 2009. PER COURT : 1. Heard. 2. The applications are for condonation of delay and for leave to file appeal under section 378 of the Criminal Procedure Code. 3. The delay is only of 17 days. No reply is filed. The delay is due to the reasons stated in the paragraph Nos.2 and 3 of the Application. The applicant is a practicing Advocate. She is required to look after her old aged mother. The delay is unintentional. Consequently the delay is condoned. 4. It may be mentioned that, the Respondent was convicted by 2 the Trial Court for the offence punishable under section 138 of the Negotiable Instruments Act. By allowing the Criminal Application No. 54/2006 the learned Additional Sessions Judge acquitted the Respondents. Thus, there are two contrary findings of the Court below. It is necessary to examine which of the finding is more proper and correct. The issuance of the cheque by the Respondent is undisputed. It appears that, the presumption available under section 139 of the Negotiable Instruments Act is not addressed appropriately by the Appellate Court. In this view of the matter, this is fit case in which the leave to file appeal may be granted. 5. In the result, both the applications are allowed. The delay is condoned and the leave to appeal is granted. Mr. P. S. Bhandari holding for Mr. D. S. Bharuka, Advocate for Respondent waives service for the Respondent. 6. The appellant to furnish private paper book within 10 weeks. 7. Call for R. & P. (V. R. KINGAONKAR) JUDGE GAS/criapp2140.07