1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 238 OF 2000 Stanny Felix Pinto .. Applicant Vs M/s. Jangid Builders Pvt Ltd & Anr .. Respondents Ms. V.R. Raje i/b Mr. M.S. Mohite for the applicant Ms. Anjali Trivedi i/b Mr. Vinod Thaker for respondent 1 Ms. S.D. Shinde, APP for the State CORAM : SMT. V.K. TAHILRAMANI, JJ DATE : 13th APRIL, 2010 P.C.: 1. Heard learned counsel for the petitioner- original accused, learned counsel for respondent no. 1 – original complainant and learned APP for the State. 2. By judgment and order dated 07.11.1998 passed by learned Chief Judicial Magistrate, Thane in SCC No. 6914 of 1996, the petitioner - original accused came to be convicted for the offence punishable under section 138 of Negotiable Instrument Act. The appeal preferred by the petitioner – original accused also came to be dismissed, hence this revision. 3. Learned counsel for the parties state that the matter 1.revn238-00 2 has been amicably settled between the parties and the parties have filed consent terms which is reflected in the order of this court dated 06.10.2009 in First Appeal No. 1771 of 2002 and First Appeal No. 602 of 2007. Photocopy of the order as well as consent terms are taken on record and marked as "X colly" for identification. Pursuant to the consent terms, the petitioner has also handed over possession of the suit premises to respondent no.1. Learned advocate for the respondent no. 1 - original complainant confirms that the possession of the suit premises has been given to them. Photocopy of the possession receipt is also handed over which is taken on record and marked as "X1" for identification. 4. In view of the order dated 06.10.2009, the petitioner is acquitted of the offence punishable under section 138 of Negotiable Instrument Act. 5. The petitioner is allowed to withdraw the amount deposited in the trial court and the interest accrued thereon till date. 6. Bail bond shall stand cancelled. 7. Revision application is allowed in above terms. [SMT. V.K. TAHILRAMANI, J.] 1.revn238-00 3 1.revn238-00