1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5144 OF 2010 WITH MISC. APPLICATION NO.589 OF 2010 Mr. Joseph Pereira ...Applicant. v/s. Mr. Morris D’Souza and Anr. ...Respondents. Mr.J.R.Gupta ,adv. For the Applicant. Mr. Mohan T. Raheja, adv. For the Respondent No.1. Shri P.S.Hingorani, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : MARCH 15, 2011. P.C. 1 Applicant was convicted for the offence under Section 138 of the Negotiable Instruments Act by the Metropolitan Magistrate, 12th Court Bandra and was sentenced to imprisonment till rising of the Court and to pay compensation of Rs.3 lac. Appeal filed by the applicant was dismissed. The learned counsel for the applicant makes a statement that applicant has already undergone imprisonment till rising of the Court and deposited an amount of Rs.1 lac before the Metropolitan Magistrate and two lac before the Sessions Court. In view of these circumstances, the learned counsel for the applicant seeks to withdraw this revision applicant with request that NBW which was earlier issued by the 2 Sessions Court before depositing the amount be cancelled. The learned counsel for the respondent no.1/original complainant has no objection and he makes a request that complainant may be allowed to withdraw the amount. The learned counsel for the applicant/accused has no objection to the same. 2 In view of the above, NBW issued by the Sessions Court against the applicant stands cancelled. With this application stands disposed off as withdrawn. The amount of Rs.3 lac deposited by the accused before the Courts below shall be allowed to be withdrawn by the complainant. As the main application is disposed off Miscellaneous Application No.589 of 2010 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)