1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2524/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.JM Murkute, Adv. for applicant. Mr.KM Suryawanshi, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 2nd September,2009. 1. Heard learned Counsel for the applicant/accused. 2. On 12th August, 2009 the Counsel informs, the accused desired to work out the matter with the complainant-company as the vehicle is unauthorizedly taken away by the applicant/accused and hence the matter was adjourned to this date. 3. In order to facilitate the settlement drive, interim protection was also granted in favour of the applicant/accused with a direction to report alternate day to the Investigator, effective from 17th August, 2009. The arrangement was to remain in force till this date. 4. Learned APP informs, the order dated 12th August, 2009 is not complied. There is no attendance recorded by the 2 applicant/accused though it was obligatory. 5. During the course of submission Mr. J.R.Murkute submits that the accused has settled the controversies with the complainant and he has issued a cheque for the amount of liability. 6. Since there is non-compliance of the order of this court, the application, seeking discretion under Section 438 of Cr.P.C. will not be available to be enjoyed by the applicant/accused. Consequently, the application as a whole is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2524.09