JUDGMENT

R.K. Agrawal, J.

This appeal is directed against the judgment and order dated 06.05.2013 passed by learned single Judge of the High Court of Judicature at Bombay in Criminal Writ Petition No. 3766 of 2012 whereby the High Court dismissed the petition filed by Kavita Chandrakant Lakhani-the appellant herein against the order dated 04.07.2007 passed by learned Judge, Sessions Court at Greater Bombay in Criminal Revision Appln. No. 1261 of 2007 filed by Respondent No. 2 herein against the committal order dated 03.10.2006 passed by the Additional Chief Metropolitan Magistrate, 40th Court, Gurgaum, Mumbai in C.C. No. 215/PW/2005 wherein learned Additional Chief Metropolitan Magistrate rejected the application filed by Respondent No. 2 herein for discharge under Section 363 of the Indian Penal Code, 1860 (in short 'the IPC'). It may be mentioned here that learned Judge, Sessions Court, vide order dated 04.07.2007 had discharged the Respondent No. 2 not only in respect of offence under Section 366 of the IPC but also under Sections 363 and 506 (ii) of the IPC.

2. Brief facts:

(a) A First Information Report (FIR) bearing No. 247 of 2003 PS Gamdevi, District Mumbai dated 12.09.2003 was