SANJEEV SACHDEVA, J.

1. Petitioner impugns order dated 11.11.2009 whereby the application of the respondent seeking condonation of delay in filing a complaint under section 138 Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) has been allowed and the delay of 45 days in filing the complaint has been condoned.

2. This petition was earlier dismissed by this court by order dated 19.12.2011. In Special Leave Petition (Crl) No. 3358 of 2012 the Supreme Court of India by order dated 08.05.2014 set aside order of this Court dated 19.12.2011 and remanded the matter to this court for consideration of the entire matter with regard to the issue of condonation of delay.

3. The contention of the petitioner is that the Respondent Bank was extremely negligent and has not explained each days’ delay. It is contended that the explanation given by the respondent that there was non-availability of a constituted attorney in a particular Department could not be considered as a sufficient cause within the meaning of section 142 of the Act. It is further contended that there was a Regional Chief Executive available with the respondents even when the Senior Relationship Manager