1 appln 139 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 139 OF 2011 Bank of Maharashtra .. Applicant -versus Uday Barve .. Respondent. Ms. Veena Kamble, for the Applicant. Mr. A.A. Desai, for respondent No.1. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for condonation of 416 days delay in filing application for leave to file appeal against dismissal of complaint for offence punishable under Section 138 of the Negotiable Instruments Act, by the learned Metropolitan Magistrate 6th Court, Mumbai. Learned counsel for the applicant states that the order was passed on 31st July, 2009. The applicant bank came to know this dismissal only in August or September, 2009. Certified copy was applied on 16th September, 2009 and it was made available on 7th November, 2009. Thereafter the advocate lost all the papers in a taxi and again applied for certified copy on 7th December, 2009. Certified copy was received on 7th June, 2010. Thereafter for various reasons such as marriage in the family 2 appln 139 of 2011 and hospitalization, application for leave to appeal was not filed. It was filed only on 30th October, 2010. Though the learned counsel for respondent has a very strong objection which is not without substance. Since the reasons for delay are attributable to the advocate, application is allowed subject to applicant’s depositing costs of Rs.5,000/- for being paid to respondent No.1. It is clarified that since the costs are solely on account of lapses of applicant bank that they cannot be charged on the loan account of respondent Eventually if the costs are not deposited within two weeks, the application would be dismissed for default without further reference to the Court. 2. If the costs are paid, respondent No.1 would be at liberty to receive the same from Registry. 3. If the costs are so paid, list application for leave to appeal in a week thereafter i.e. on 13.7.2011. (R. C. CHAVAN, J.)