FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3357 OF 2008 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.Ajay Panicker for the applicants. Mr.Ganesh Gole for respondent no.2 Mr.P.A.Pol APP for the State. Coram : R.S.Mohite,J Date : 2.2.2009. PC 1. Heard both sides. This is a composite application wherein a prayer is made for special leave. There is also a prayer for condonation of delay. After hearing both sides, I find that this is a case where the complainant has filed a complaint u/Sec.138 of Negotiable Instruments Act. Roznama indicates that he was diligently pursuing the said complaint from 5.5.2004 till 31.12.2004. On 31.12.2004 it was adjourned to 28.2.2005 but before : 2 : the regular date it appears that the case was transferred by order dated 16.2.2005 in view of the Chief Metropolitan Magistrate’s order dated 9.2.2005. Learned Advocate states that he himself was appearing in the trial Court and he met with an accident and hence lost sight of the matter. Taking into account overall fact, the delay in filing the application is condoned. Leave is granted to file appeal. Office to number the very same application as an appeal. I find that good and cogent reasons are made out for allowing the appeal. Roznama does indicate that the complainant was diligently attending the Court when the matter was transferred before the regular date. Amount of cheque involved is Rs.18 lakhs. The ends of justice would be defeated if the complaint of the present applicant is not heard on merits. Appeal is therefore, allowed and the impugned judgment and order dated 8.3.2006 is hereby quashed and set aside subject to payment of cost of : 3 : Rs.5000/-. Advocate for the respondent nos.1 to 3 after taking instructions from the client who is present in the Court, states that he would accept the amount on behalf of respondent nos.1 to 3 and the cheque may be issued in the name of the Advocate. Payment to the Advocate for respondent nos.1 to 3 would be valid discharge. Cost to be paid within a period of four weeks. Application stands disposed off. (R.S.Mohite,J)