1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3933 OF 2009 Shashikant S/o.Kamajirao Suryawanshi, Age-60 years, Occu-Service (Retired) R/o.C/o.Rajguru Nagar, Aurangabad APPLICANT VERSUS 1. Sheshrao S/o.Gangadharrao Nikam, Age-58 years, Occu-Service, R/o.House No.147, Shrikrishna Nagar, Aurangabad. 2. The State of Maharashtra RESPONDENT Mr.N.B.Narwade, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. Respondent no.1 absent even though duly served. (CORAM : A.V.POTDAR, J.) DATE : 18/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court seeking permission to withdraw the amount in the sum of Rs. 10,000/- deposited in this Court vide order of this Court dated 05/03/1997. 2. Heard learned counsel for applicant. Perused the contents of 2 the application. At Exh.D, xerox copy of the compromise pursis arrived between the applicant and first respondent is produced, wherein the compromise pursis is filed before the J.M.F.C. Aurangabad in SCC No.261/1994 and stated that as the parties have settled the case out of court as the complainant has received the amount of bounced cheque, hence the complainant i.e. the first respondent do not want to proceed with the criminal case against the present applicant. Hence the fact is clear that as the matter is settled between the parties out of Court, then the applicant is entitled for the amount deposited in the Court by the applicant in view of the order passed in Criminal Application No.373/1997. 3. In the premise, application is allowed in terms of prayer clause A & B and stands disposed of. Parties to act on the certified copy of this order. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.3933-09