JUDGMENT :

S.S. Shinde, J.

Rule. Rule made returnable forthwith, with the consent of counsel appearing for the parties petition is being heard finally.

2. This Petition takes an exception to the judgment and order dated 21st January 2019 passed by the learned Sessions Court at Bombay in Misc. Criminal Application No. 1570 of 2018 in Criminal Revision Application, thereby rejecting the Petitioner's application for condonation of delay in filing the Criminal Revision Application.

3. It is the case of the Petitioner that, Respondent No. 1 has filed a Criminal Complaint No. 5627/SS/2016 in the Court of Metropolitan Magistrate 23rd Court, Esplanade Court, At Mumbai on 20/12/2016 against the present Petitioner and 8 others, and in said case the trial Court has passed the order of issuance of process. It is alleged that, the Petitioner herein is the Director of one Anil Mines and Minerals Pvt. Ltd. Company (for short 'said Company') looking after the day to day affairs and businesses of the said company. It is alleged in the complaint that, the said company for its operational convenience, requested the Respondent No. 1 to advances invoices with respect of sales contracts in the name of the said company and the said company is controlled by their parent company i.e. Adella Enterprises Pvt. Ltd. In pursuance of the aforesaid contracts various invoices were advances from time to time towards the supply of maize thereunder. Complainant has delivered goods in terms of the contracts from time to time and the same has been received without any demur or protest. It is alleged that, as per the terms and conditions of the Contracts there was a credit period of 90 days and post dated Cheques (PDC) were to be offered as security for payments under the invoices advanced and thereafter, PDC's were handed over to the Complainant as security by the said Company. As the Contracts a sum of Rs. 7,94,70,512/- (Rupees Seven Crores Ninety Four Lacs Seventy Thousand Five Hundred and Twelve Only) was due and payable to the Complainant. When complainant have presented the PDC's for payment those were not honoured for payment for reasons of "insufficient fund".

4. In view of that, Complainant sent Advocates notice under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') to the said Company and its directors and petitioner is one of the Director of the Company. Thereafter, there were requests made by the said Company not to proceed with proceedings under the NI Act and negotiations were held with Petitioner and other Directors of the said company. Various assurances were given by Petitioner in meetings and requests Complainant to settle the dispute by entering into a Memorandum of Understanding (MOU) and accordingly, an MOU dated 28th July 2016 came to be entered into between the said Company and Complainant. It is the case of the petitioner that, after entering into the MOU, Petitioner vide their Advocates letter dated 19th August 2016 replied to the notice dated 25th July 2016 issued by the Complainant requesting to withdraw the notice. In pursuance of the agreement terms contained the MOU, the said Company issued various cheques towards dues and payments of the Respondent No. 1. Again, when the Respondent No. 1 presented the cheques for payment those were dishonored. On 23.10.2017 learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai vide order below Exh. 1 in C.C. No. 2305627/SS/2016 issued process against the petitioner and other Directors of the said company.

5. Being aggrieved by the order of learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai vide order below Exh. 1 Petitioner approached the City Civil and Sessions Court, Bombay by filing a Misc. Application No. 1570 of 2018 for condonation of delay of 181 days in filing Criminal Revision Appeal.

6. Learned Addl. Sessions Judge, City Civil & Sessions Court, Gr. Bombay by order dated 21st January, 2019 rejected the Misc. Application No. 1570 of 2018 filed by the Petit