JUDGMENT - Lodha R.M., J.:—Heard the learned Counsel for the parties on the application for condonation of delay in filing the appeal on 31-8-1994 against the order of acquittal dated 21-9-1991 passed by the Chief Judicial Magistrate, Nagpur, in Criminal Complaint No. 518/1990. Mr. V. V. Bhangde, the learned Counsel for the applicant, submits that the applicant filed the Criminal Compliant No. 518 of 1990 under section 138 of negotiable Instruments Act, 1881 against the respondent No. 1 on 20-2-1990 and in the said complaint summons were served on the accused. When the case was fixed for 21-9-1991 and at the time it was called, the applicant had gone to inform his Counsel but the Chief Judicial Magistrate, Nagpur, in the absence of the complaint/applicant and his Counsel dismissed the complaint since neither of them were present at the time the case was called. Mr. Bhangde further submits that on that very day the complainant moved an application for restoration of the complaint which was allowed by the Chief Judicial Magistrate, Nagpur, on that very day and the proceedings in the complaint continued and the accused/non-applicant No. 1 participated in the proceedings. According to

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