1 (crim 752 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST.) NO. 463 OF 2010 CRIMINAL MISC. APPLICATION NO.752 OF 2010 Jaypal G. Shetty ..Appellant Vs. State of Maharashtra and Anr. ..Respondents ----- Mr.M.J.Malro for Applicant Mrs. M.R. Tidake -APP for the State ----- CORAM: V.M. KANADE J. DATED: 31ST AUGUST, 2010 P.C. 1. Mentioned not on Board. 2. This appeal has been filed by the Appellant against the order of conviction passed by the Learned Metropolitan Magistrate, 59 th Court, Kurla, Mumbai in a complaint filed under section 138 of the Negotiable Instruments Act by the Respondent No.2 herein. 3. In my view, appeal is not maintainable in the Court since in view of the provisions of section 374 (3). In view of this position, the learned Counsel for the Appellant seeks leave to withdraw this appeal with liberty to file an appeal in the Sessions Court. 2 (crim 752 of 2010) 4. Appeal is allowed to be withdrawn with liberty as prayed. 5. The learned Counsel for the Appellant further prays that the warrant which has been issued against the Appellant may be stayed. 6. Under these peculiar circumstances, warrant is stayed for a period of two weeks. Liberty is granted to the Appellant to file an appeal in the Sessions Court. (V.M. KANADE J.)