1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.821/2010 (Narayan Krushnaji Dhoble .vrs. M/s. Madhusudan Ghade and three another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.R. Joharapurkar, Advocate for appellant/applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 14, 2011 Heard. It is the submission of the learned counsel for the applicant that initially the applicant had preferred the proceeding of similar nature Criminal Appeal against the judgment and order dated 25.2.2010 passed by the learned 5th J.M.F.C., Wardha acquitting respondent nos.1 to 4 from the commission of offence under Section 138 of the Negotiable Instruments Act before the Sessions Court at Wardha but the same being rejected by the order dated 9.8.2010, he has filed the present proceeding. The learned counsel for the applicant seeks leave to withdraw the application with liberty to file appropriate proceeding for challenging said order dated 9.8.2010 passed by the Additional Sessions Judge at Wardha in Criminal Appeal. It is urged that having regard to the said aspect, liberty as prayed for, may be 2 given to the applicant in interest of justice. The learned counsel for the applicant states that while preferring present appeal before this Court, the provisions of Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) and particularly Section 29 therein remained to be taken into consideration. It is urged that in view of the provisions of Section 372 of Cr.P.C. as amended by the said amending act, it was incumbent for the applicant to prefer an appeal before the Court of Session. It is urged that after rejection of same by Court of Session, it was necessary for the applicant to challenge the said order. However, due to bona fide mistake applicant having preferred present application, the applicant is praying for withdrawal of this application with liberty to take appropriate proceedings in accordance with the law for challenging order dated 9.8.2010 passed in Criminal Appeal. Having regard to the same and having due regard to the definition of the victim as given in Section 2 (wa) of the Code of Criminal Procedure and request being made at early stage, in the interest of justice, the request deserves to be accepted. In view of the same, the application as well as consequent appeal stand disposed of as withdrawn with liberty to the applicant, as prayed for taking appropriate proceedings in accordance with the law for challenging order dated 9.8.2010 passed in Criminal Appeal. JUDGE Gulande