1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2252/2009. with CRIMINAL APPLICATION NO.2253/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Sumit S.Agrawal, Adv. h/f Mr.BR Warma, Adv. for Applicant. Mr.KC Sant, Advocate for Respondent. ___ CORAM : K.U.CHANDIWAL, J. DATE : 29th August,2009. 1. Heard Counsel for the applicant/accused and Counsel for the Credit Cooperative Society. 2. The question involves to the issuance of cheques and initiating proceedings under Section 138 of Negotiable Instruments Act by the Credit Cooperative Society. The contentions raised by the accused/applicant are mixed questions of facts. He can diligently, and if so advised, deal with the same at the proper stage in 138 N.I.Act proceedings before the learned Judge. Based on such stand, the present proceedings cannot further be prosecuted by exercising the powers under Section 482 Cr.P.C. 3. On instructions, learned Counsel seeks permission to withdraw the Criminal 2 Applications. They are accordingly allowed to be withdrawn and disposed of. ( K.U.CHANDIWAL ) JUDGE bdv/cran2252.09