[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2229 OF 2007 IN APPEAL NO. OF 2007 G.H.Desai (HUF) ..Applicant Vs. State of Maharashtra and Ors. ..Respondents ... Manorama Mohanty i/b S.K.Srivastav & Co. for Applicants Mr.Kishor K.Shriyan for Respondent Nos.2 to 4 Mr.Y.S.Shinde APP for State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MAY 05, 2008 DATE : MAY 05, 2008 DATE : MAY 05, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the complainant, learned counsel for the Respondent Nos.2 to 4-original accused. 2. The applicant had filed a complaint under Section 138 of N.I.Act against the Respondent Nos. 2 to 4. The Respondents came to be acquitted in the said case. Hence, the present application for leave to file appeal against the said judgment and [-2-] order of acquittal is filed. On the last occasion, the parties expressed their desire to settle the matter. The learned counsel for the complainant had stated that if the cheque amount of Rs.2,78,217/- is paid to the complainant by Respondents, the complainant would not wish to pursue the present matter. Hence, the matter is kept today for settlement. Accordingly, today, the Respondents have got Pay Order dated 2.5.2008 for Rs.2,78,217/- drawn on Union Bank of India, Princess Street Branch, Mumbai. The xerox copy of the said Pay Order is taken on record and marked "X" for identification. The said Pay Order is handed over to the learned advocate for the applicant. In view of this, she has stated that the applicant does not wish to pursue the matter and seeks liberty to withdraw the application. 3. Permission is granted. Application is allowed to be withdrawn. 4. It is stated that a Summary Suit No. 1524 of 2005 has been filed by the applicant against the Respondent Nos.2 to 4. It is clarified that disposal of the present application will not come [-3-] in the way of the Respondent Nos.2 to 4 in the said matter and all the contentions of the Respondents are kept open in the said Summary Suit as well as any other matter arising out of the dishonour of cheque in the present case. 5. Application is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]