..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.319 OF 2007 M/s.Planet Ind (Premises) Co.op. Society Ltd. ..Applicant. Versus M/s.Bajsons Appliances (P) Ltd. & 2 Ors. ..Respondents. .. Mr.H.S.Anand, Adv. for the Applicant. Mr.Kishor Patil, Adv. for respondent Nos.1 & 2 (appearance discharged today). Mr.Arvind Jhavar, Respondent No.2 present in-person. .. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 3rd July, 2008. DATED : 3rd July, 2008. DATED : 3rd July, 2008. P.C.: 1. Respondent No.2 Mr.Arvind Jhavar, who is the Director of Respondent No.1, is present in-person before the Court. He states that he will conduct the matter himself. In view of this statement, Mr.Kishor Patil, the learned Counsel appearing for respondent Nos.1 & 2 states that he may be discharged. Hence, Mr.Kishor Patil, the learned Counsel for respondent Nos.1 & 2 is discharged from the present matter. 2. Heard the learned Counsel for the applicant-orig.complainant, Mr.Arvind Jhavar the ..(2).. respondent No.2 who is appearing in person and the learned APP for the State. Respondent No.2 is the Director of respondent No.1. 3. The applicant had filed a complaint against respondent Nos.1 & 2 for the offence under Section 138 of NI Act. The respondent No.2 had given two cheques each of Rs.70,000/- to the complainant. Thus, the total cheque amount was Rs.1,40,000/-. The said cheques were dishonoured, hence complaint came to be filed. 4. Respondent No.2 - Mr.Arvind Jhavar who is present in person states that he is willing to pay the amount of Rs.1,40,000/- to the complainant. However, he sought time of three months to pay the said amount. The learned Counsel for the applicant-orig.complainant states that in case respondent No.2 pays the complainant the amount of Rs.1,40,000/- then they do not wish to pursue the present matter and will not press for restoration of the complaint. The learned Counsel for the applicant states that no legal expenses will be added in respect of the present matter and the amount of Rs.1,40,000/- which will be received from respondent No.2 will be adjusted towards the ..(3).. society dues outstanding in respect of Galla Nos.301 to 306. 5. Respondent No.2 Mr.Arvind Jhavar states that he will deposit the amount of Rs.1,40,000/- in this Court in three instalments by way of Demand Draft / Pay Order. Respondent No.2 shall deposit the first instalment of Rs.50,000/- on or before 31st July, 2008, the second instalment of Rs.50,000/- on or before 31st August, 2008 and the third and last instalment of Rs.40,000/- on or before 30th September, 2008 in this Court by way of Demand Draft / Pay Order. On the amount being deposited, the applicant is allowed to withdraw the same. The learned Counsel for the applicant is agreeable to the above said schedule and states that the present application is not pressed. 6. However, it is made clear that if there is any default on the part of respondent No.2 in depositing any of the above instalments in this Court, this order shall stand automatically vacated and the present application shall stand automatically revived. 7. With the above directions, Criminal ..(4).. Application is disposed of. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)