Alok Singh, J. - (1.) BOTH these petitions are disposed of vide this common order as the common questions of law and facts involved therein.
(2.) MR . Amit Rawal, learned counsel for the petitioner has stated that cheque amount has already been deposited by the petitioner -accused before the trial court in a case under Section 138 of Negotiable Instruments Act. Mr. Rawal further contends that 10% of the cheque amount shall also be deposited before the trial court as a cost within four weeks, therefore, trial court should pass order as per the dictum of the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in : 2010 (5) SCC 663 : 2 (2010 (1) RCR (Criminal) 595). Mr. Rawal further states that an application shall be moved before the trial court for deciding the case pending under Section 138 of Negotiable Instrument Act in view of dictum of Apex Court in the case of Damodar S. Prabhu (supra), hence he may be permitted to withdraw this petition at this stage. Dismissed as withdrawn. If entire cheque amount along with 10% amount by way of cost is deposited by the accused and an application is moved to dispose of the case in view of the dictum of the Apex Court in the case of Damodar S. Prabhu (supra), learned Magistrate shall decide the same in view of the judgment of the Apex Court in the case of Damodar S. Prabhu (supra) within 30 days from the date of application. Meanwhile, personal appearance of the petitioner shall remain exempted before the trial court.
(3.) A copy of this order be placed on the connected file.;