1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 527 OF 2009 IN CRIMINAL REVISION APPLICATION NO. 475 OF 2008 Subhlal M. Gupta .. Applicant Vs. Vidyavatidevia Jayprakash Pandey & Anr. .. Respondents Ms. Dhanshri Shelke i/b N. V. Gangal for the Applicant. Mrs. R. V. Newton APP for the Respondent State. CORAM : MRS. R. S. DALVI , J. DATED : 10th December, 2009. P.C. : 1. The applicant is the original complainant in a criminal complaint filed under Section 138 of the Negotiable Instruments Act. The complaint has been filed upon a dishonoured cheque of Rs.1 lakh. Respondent No.1 has been convicted initially by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai. His appeal has been dismissed by the Additional Sessions Judge, Greater Bombay. He has deposited Rs.35,000/- and Rs.15,000/- in the Courts out of Rs.1 lakh which was the cheque amount towards the compensation of Rs. 1, 10,000/- awarded to the applicant 2 herein. The applicant seeks to withdraw these amounts. This application has been served upon respondent No.1 by registered post. Intimation has been posted to him. He has not accepted the parcel and hence it is returned. The applicant’s Advocate has also been served by registered post. 2. On the last occasion, time was granted but no affidavit in reply is filed. 3. Criminal Application No. 527 of 2009 is made absolute in terms of prayer clause (a). 4. The applicant shall be entitled to withdraw Rs. 35,000/- and Rs.15,000/- in the Sessions Court and the Metropolitan Magistrate Court respectively. 5. Prayer (b) is at present not granted. The application stands disposed of accordingly. (R. S. DALVI, J.)