IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.657 OF 2007 IN CRIMINAL APPLICATION NO.689 OF 2004 WITH CRIMINAL APPEAL NO.23 OF 2005 Dwarkadas Jethamal Dhoot .. Applicant V/s. Vinayak Krishnaji Sadawarte .. Respondent Mr.Sagar J.Joshi for the Applicant. Mr.S.B.Deshmukh for Respondent No.1. Mrs.M.H.Mhatre, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 15TH, 2009. P.C. Heard rival submissions for some time. 2. It is the application filed by original accused for withdrawal of the amount deposited by him before the First Appellate 1 Court i.e. the Sessions Court at Pune during the pendency of Appeal before the same Court challenging his conviction for the offence punishable under section 138 of Negotiable Instruments Act. Present Application was made when original complainant had died. However, reportedly, legal heirs of original complainant Appellant in criminal Appeal No.23 of 2005 have been brought on record and as such till the hearing and final disposal of the said appeal of original complainant against the acquitted original accused, said amount cannot be given and as such present application became infructuous and accordingly dismissed and disposed of. (A.R. JOSHI, J.) 2