1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) 171 OF 2011 MR. LALLU BANWARILAL VARMA VS RAMPRASAD RAMVILAS AGRAWAL AND ANOTHER ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Shri R.S. Renu Advocate for the applicant. Shri H. R. Gadhia advocate for the respondent no.1 Shri C. N. Adgokar APP for respondent State Coram: S.B. DESHMUKH, J Dated : 14th NOVEMBER 2011 Heard learned Counsel for the parties. The Counsel appearing for the applicant on instructions seeks withdrawal of this Criminal Application. Learned Counsel appearing for the respondent no.1 points out earlier order passed by this Court on 13-4-2011 by which ad interim relief was granted in terms of prayer clause (ii). According to the learned Counsel for the applicant, the respondent no.1 used to file frivolous proceedings before this Court for protraction of the case. He has pointed out earlier order passed by this Court on 23-10-2008 in Criminal Application No.1266 of 2008, where this Court has permitted the present applicant to withdraw the applicant. However, cost of Rs.5000/- was imposed. 2 The learned Counsel appearing for the present applicant states that he is withdrawing the present application in view of the Judgment of the Hon’ble Supreme Court. In the facts of the present case, in my view, the application can be disposed of as withdrawn by vacating the interim order, directing the Trial Court to expedite the proceedings filed for the offence under Section 138 of the Negotiable Instruments Act, with further directions to both the parties to appear before the Court, and to cooperate the Trial Court for expediting the proceedings. Application is dismissed as withdrawn. Interim relief granted earlier by this Court on 23-4- 2011 stands vacated. Learned Trial Judge is directed to expedite the Criminal Case pending. The learned Trial Judge is directed to dispose of the case after hearing the parties on or before 31st December 2011. Both the parties are directed to appear before the Trial Court on 21st November, 2011. JUDGE SBM