[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL.NO.1137 OF 2007 Vijay Manohar Bukane ..Applicant Vs. Avinash Pundalik Pagare and Anr. ..Respondents ... Mr.Anil B.Wagh Advocate for applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State Mr.V.D.Raut, Adv. for Respondent No.1. ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the applicant and the learned Counsel for respondent No.1-orig.accused. The applicant-original complainant is present in person in Court. 2. The applicant has preferred this application for leave to file appeal against the judgment and order dated 16.12.2006 passed by the learned Addl. Sessions Judge, Gr. Bombay in Appeal No. 497 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the Respondent-accused of the offence under Section 138 of Negotiable [-2-] Instruments Act. 3. Tata Sumo vehicle bearing No.MH-15-R-3211 was purchased by the complainant from the accused for Rs.1,50,000/- in the month of April, 2003. However, it is the case of the complainant that lateron he found that the vehicle was not in good condition, therefore, he asked the accused to refund Rs.1,50,000/-. Hence, cheque in question came to be given by the accused to the complainant. As the cheque was dishonoured, complaint came to be filed. It is an admitted fact that the vehicle in question is with the applicant-original complainant from April 2003 till today. 4. Mr.Anil Wagh, the learned advocate for the applicant states that the dispute between the parties has now been amicably settled and the Respondent-original accused has handed over all the necessary documents pertaining to the vehicle in question to the applicant-original complainant. Complainant verified the said documents in Court. Mr.Wagh further states that in view of this, the complainant does not wish to pursue this matter and it may be disposed of. In view of this statement [-3-] made on behalf of complainant, the present application is disposed of. 5. The cheque bearing No. 569203 dated 10.9.2003 issued by the accused in favour of complainant drawn on Nasik Merchant Co-Operative Bank Branch Gandhi Nagar Branch for an amount of Rs.1,50,000/- is part of the record before the trial Court. In view of the settlement between the parties, the said cheque be returned to the Respondent-accused within a period of six weeks from today. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]