- (1.) The respondent no. 1 was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to two years' imprisonment and was directed to pay a fine of Rs.33,00,00,000/- (Rupees thirty three crores only) imposed on him. In the appeal filed by respondent no. 1, bail was granted on the condition of deposit of half the amount of fine. The High Court in a petition filed under Sections 482, 378 and 407 of the Code of Criminal Procedure modified the order passed by the appellate Court by directing a deposit of Rs.50,00,000/- (Rupees fifty lakhs only) as a condition for his release on bail.
(2.) The petitioner/complainant filed the present special leave petitions being aggrieved by the order passed by the High Court. By an order dated 16.11.2018, the respondent no. 1 was directed to deposit an amount of Rs.50,00,000/- (Rupees fifty lakhs only) and the petitioner was entitled to approach the trial Court for withdrawal of the said amount.
(3.) We have been informed by Mr. Nikhil Goel, learned counsel that respondent no. 1 has surrendered and he is in jail at present. As respondent no. 1 is not willing to pursue the matter pertaining to his bail, we do not see any reason to keep this matter pending. Nothing survives for adjudication in this matter which pertains to a request for bail by the respondent no. 1.;