T.V. Nalawade, J.—Rule, Rule made returnable forthwith. Both the petitions are filed for challenging the judgment and order of the Additional Sessions Judge, Sangli. The petitioner, Co-operative Bank has filed a private complaints for offence punishable under Section 138 of the Negotiable Instrument Act against the respondent no.1. In one case viz. Case no.127 of 2008, there was, a delay of two days caused for filing complaint and in the other proceeding there was delay of four days. The applications were moved for condonation of delay and notices of those applications were given to the accused. The Magistrate allowed the applications and condoned the delay subject to payment of cost of Rs.200/- in each proceedings. Those two orders made by the Magistrate came to be challenged in the Criminal Revision Application no.183/2009 and 184/2009. The Sessions Court has allowed the Revisions and has set aside the orders made by JMFC. The Sessions Court has observed that sufficient opportunity was not given to the accused to file say and to lead evidence and so the orders cannot sustain. The Sessions Court has dismissed those two applications filed by the Bank.

2. Both the present ma