1 28 appa 110.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.110/2025 IN CRIMINAL APPEAL (ST) NO. 951/2025 (Nirmal Ujjwal Credit Co-operative Society Vs. Mohammad Mohasin Khuddus Musani & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.G. Malode, Advocate for applicant/appellant Mr. Bhagwan M. Lonare, APP for respondent/Non-applicant No.2. CORAM: M. M. NERLIKAR, J . DATED : 29/09/2025. Heard. 2. The present application is being filed for condonatiion of delay of 205 days in filing an appeal, wherein the challenge is raised to the judgment and order dated 29.04.2024 in SCC NO. 695/2021 passed by the learned Judicial Magistrate First Class, Katol, wherein the complaint was disposed of for non-prosecution under Section 256 of the Code of Criminal Procedure and the accused/non-applicant No.1 herein was acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The notices were issued, however none appears for non-applicant No.1. This Court has already granted opportunity to non-applicant No.1 to appear and contest the matter by an order dated 15.09.2025, however non- applicant No.1 though duly served, none appears on his behalf. 2 28 appa 110.25 4. I have heard learned counsel for the applicant. The learned counsel for applicant submits that the delay is not intentional. It is purely circumstantial. He invited my attention towards Paragraph No.2 of this application. It appears that due to some technical flaws, his application was not registered. 5. For the reasons set out in Paragraph No.2, the application is allowed. The delay of 205 days in preferring the application to grant leave to file appeal is condoned. 6. Application stands disposed of. 7. The application to grant leave to file an appeal be registered. CRIMINAL APPLICATION (APPA) NO. /2025 (Leave) 1. Issue notice to the non-applicants returnable after Diwali Vacation 2025. Learned APP waives service of notice for non-applicant No.2. ( M. M. NERLIKAR , J.) Gohane