1 APPW 268/10 with APPW 269/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.268 OF 2010 IN CRIMINAL WRIT PETITION NO.628 OF 2005 ALONGWITH CRIMINAL APPLICATION NO.269 OF 2010 IN CRIMINAL WRIT PETITION NO.629 OF 2005 U.P. Twiga Through Sandeep Parua ..... Applicant. V/s Pushpa Khandelwal & Anr. ..... Respondents. Mr. Junaid Shabwany for the applicant. Mr. S.V. Marwadi for Respondent No.1. Mr. A.S. Shitole, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th November, 2010 P.C:- 1. Criminal Application No.268 of 2010 is filed by original complainant for deleting original accused No.3 from the complaint filed by him under section 138 of the Negotiable Instruments Act in the Court of Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai. 2 APPW 268/10 with APPW 269/10 2. The original accused No.3 Smt. Pushpa Khandelwal filed a Writ Petition in this Court being Writ Petition No.628 of 2005, challenging the order of issuance of process passed by the Magistrate in the complaint filed by the original complainant under section 138 of the Negotiable Instruments Act. Rule was granted and the interim stay has been granted to the lower court’s proceedings. It is now submitted that the applicant would like to delete the accused No.3 from the complaint filed by him. 3. The learned Counsel appearing on behalf of the original Petitioner has no objection if the application filed by the applicant is allowed. 4. In this view of the matter, Criminal Application No.268 of 2010 is allowed in terms of prayer clause (b). Application is accordingly allowed and disposed off. Writ Petition No.628 of 2005 therefore does not survive and it is also accordingly disposed off. Interim relief granted in the said Writ Petition is vacated. Trial Court is directed to proceed against the remaining accused. Trial is expedited. 5 So far as the Criminal Application No.269 of 2010 is concerned, this application is also filed by the original complainant for the purpose of deleting Respondent No.1 Pushpa Khandelwal as accused in another complaint filed by the complainant. Counsel for Respondent No.1 has no 3 APPW 268/10 with APPW 269/10 objection if this application is allowed. Accordingly Criminal Application No.269 of 2010 is allowed in terms of prayer clause (b). Writ Petition No.629 of 2005 filed by the original accused No.3 therefore does not survive and it is accordingly disposed off. Interim relief granted is vacated. Trial Court is directed to proceed against the remaining accused. Trial is expedited. 6 The original Petitioner has deposited an entire amount of both the cheques which were dishonoured in this Court which has been invested in the Nationalized Bank. The said amount is allowed to be withdrawn with interest accrued thereon. 7. Both the applications and Writ Petitions are disposed off. V.M. KANADE, J.