* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 443 OF 2008 IN CRIMINAL APPLICATION NO. 370 OF 2008 IN CRIMINAL REVISION APPLICATION NO. 317 OF 2007 Raju @ Sheikh Mohammed Sharif ...Applicant (Orig.accused) V/s. State of Maharashtra and anr. ...Respondents. ======== Mr.Subhas Jha i/by.M/s.Law Global, adv.for applicant. Mr.S.V.Marwadi, adv.for respondents. Mr.H.J.Dedhia, APP for State/respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 7TH JANUARY, 2009. P.C. : 1. This Criminal Application is taken out for recalling the order dated 17th October, 2008 disposing off Criminal Application No. 370 of 2008 to the extent of the applicant agreeing to make payment of Rs.4 lacs and also his filing an undertaking in this court to that effect. The Civil Revision Application herein is filed by the applicant challenging conviction of the applicant under Section 138 of the Negotiable Instruments Act and confirmation of the order of conviction by the Sessions Court. 2. By the interim order dated 31st July, 2008 the applicant was * 2 * directed to deposit an amount of Rs.4 lacs by 12th September, 2008. It was further ordered that in case, the applicant does not deposit the amount by that date, the Revision Application shall stand dismissed without further reference to the court. Since the applicant could not deposit the amount within the time granted, he filed Criminal Application No. 370 of 2008 seeking extension of time by a further period of 4 weeks. The application was heard and disposed by order dated 17th October 2008, extending the time by 4 weeks i.e. till 17th November 2008, however making it clear that no further extension will be granted and if the amount is not deposited within a period of 4 weeks, the revision application shall stand dismissed. It is undisputed fact that the applicant has not deposited the amount in compliance with the order until 17th November, 2008. As a consequence, by the self operative order dated 17th October, 2008, the revision application stood dismissed on 17th November, 2008. 3. Mr.Jha contends that despite the self operative order the Criminal Revision Application cannot be treated as being disposed off since the applicant has preferred Special Leave Petition before the Apex Court against the order dated 31st July, 2008. Mr.Jha produces copy of the order dated 1st December, 2008 on Special Leave to Appeal (Cri) No. 8344 of 2008 which issues only notice to the respondents. On the date of this order, there was no Criminal Revision Application pending in this court as it stood dismissed on 19th November, 2008. It appears that this fact was suppressed by the * 3 * applicant from the Hon'ble Supreme court. 4. With the dismissal of the Civil Revision Application, all the interim orders passed therein, stand vacated and there is no question of recalling of the interim order.Hence Criminal Application No. 443 of 2008 is dismissed. [SMT.R.P.SONDURBALDOTA, J]