IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.105 OF 2005 W I T H CRIMINAL WRIT PETITION NO. 106 OF 2005 Som Distilleries Breweries Ltd and anr. ....Petitioners V/s. State of Maharashtra and Ors. ....Respondents. ======= Mr.Kunal Damle i/by. Rajesh Ravindran for petitioners. Mr. Nishant Sasidharan i/by. L.J.Law, adv.for respondents no.2 and 3. Mrs.P.P.Shinde, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 5 TH FEBRUARY, 2009. P.C. : 1. Heard learned counsel for both sides. 2. These petitions are for quashing of the proceedings filed under Section 138 Negotiable Instruments Act filed at the instance of respondents no.2 and 3. These respondents had also filed civil proceedings being Suit No. 681 of 2003 in this court in respect of the legal liability towards which the cheques had been issued. In that suit, the parties filed consent terms dated 12th January, 2009. By the order dated 21st January, 2009 the suit came to be decreed in terms of the consent terms. The consent terms also provide for withdrawal of the present criminal proceedings. The copy of the order dated 21st January, 2009 containing the consent terms is taken on record and marked `X' for identification. The amount of Rs.30 lakhs was deposited by the petitioner in this court pursuant to the order dated 16th March, 2005. This amount was withdrawn by respondents no.2 and 3 subject to the usual undertaking. The learned counsel for the petitioners and respondents no.2 and 3 have filed consent minutes of the order as regards the discharge of respondents no.2 and 3 from the Undertakings given in the above petitions on 24th July, 2007. The said consent minutes of the order are taken on file and marked `X-1' for identification. In view of the settlement of the dispute, the following order is passed : O R D E R (i) Petition No.105 of 2005 is allowed. Complaint No. 272/S/02 filed before the Addl.Chief Metropolitan Magistrate, 18th Court Girgaum is quashed. (ii) Petition No.106 of 2005 is allowed. Complaint No. 273/S/02 filed before the Addl.Chief Metropolitan Magistrate, 18th Court, Girgaum is quashed. (iii) Respondents no.2 and 3 are relieved of the Undertaking dated 24th July, 2007. [JUDGE]