1 WP : 2592/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2592 OF 2010 Siddharth Kiran Kapoor .... Applicant Vs. ICICI Bank Ltd. & Anr. .... Respondents Mr. S.V. Marwadi, i/by M.V. Katti, Advocate for applicant. Mr. Faisal Sayyed i/by M/s Manilal Kher Ambalal & Co. for respondent no.1. Mrs. M.M. Deshmukh, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 22nd December, 2010 P.C. 1. Admit. Rule made returnable forthwith. 2. This petition is for quashing of Criminal Case No.2753/SS/2009 pending in the Court of Metropolitan Magistrate, 13th Court at Dadar, Mumbai filed by respondent no.1-Bank under Section 138 Negotiable Instruments Act for dishonour of the cheque in the sum of Rs.5,20,018/-. The Bank has also filed civil proceedings being Civil Suit (L.) No.238 of 2010 on 21st January 2010 in this Court. 3. On 7th December 2010, when the petition came up for admission, Mr. Marwadi, learned counsel made a statement that 2 WP : 2592/2010 the petitioner was willing to deposit the entire amount of the cheque in the Court. Accordingly the amount of Rs.5,20,018/- was deposited in the Court on 10th December 2010. Thereafter the petitioner gave a proposal of settlement to respondent no.1- Bank. Today both the advocates state that the parties have arrived at settlement limited to Criminal Case No. 2753/SS/2009. They have agreed to settle the dispute in the sum of Rs.5,50,000/-. Mr. Marwadi states that the petitioner will pay the balance amount of about Rs.30,000/- to respondent no.1- Bank within a period of one week from today. It appears that the petitioner also has some claim against the Bank in connection with his service with the Bank. Therefore, the parties have agreed that the claim of the Bank as regards further interest as also claim of the petitioner as regards any amount due to him will be left for consideration in the Civil Suit (L) No.238 of 2010. 4. In view of the above settlement arrived at between the parties, the petition is allowed in terms of prayer clause (b). Respondent no.1 is at liberty to withdraw the amount of Rs,5,20,018/- deposited by the petitioner in the Court. All the other respective contentions of the parties against each other are left open for consideration in the civil proceedings pending. (Smt. R.P. SondurBaldota, J)