[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.REVN.APPLN. NO.177 OF 2008 CRI.REVN.APPLN. NO.177 OF 2008 CRI.REVN.APPLN. NO.177 OF 2008 Shri.Anil Amirali Hudda ..Applicant Vs. The State of Mah. and Anr. ..Respondents ... Mr.Aabad H.H.Ponda Advocate for Applicant Mr.Prasad D.Borkar Adv. for Respondent no.2 Mr.S.S.Pednekar A.P.P. for State ... CORAM:SMT.V.K.TAHILRAMANI,J. CORAM:SMT.V.K.TAHILRAMANI,J. CORAM:SMT.V.K.TAHILRAMANI,J. DATE :SEPTEMBER 16, 2008 DATE :SEPTEMBER 16, 2008 DATE :SEPTEMBER 16, 2008 1. Heard the learned advocate for the applicant-original accused and the learned advocate for respondent no.2-Bank. Applicant is present in person. The representative of the Bank is also present. 2. The applicant has been convicted under Section 138 of Negotiable Instruments Act by the learned Metropolitan Magistrate. The appeal against the said order has been dismissed. Hence, this revision. 3. The parties have amicably settled the matter. [-2-] As per the settlement, it is stated that the applicant will pay sum of Rs.3,01,000/- to the Respondent-complainant within a period of five months from today. The break-up of the amount of Rs.3,01,000/- is Rs.2,96,000/- is the balance amount which the applicant owes the complainant and Rs.5000/- is the interest as the amount is not being paid within three months as stated by the parties on 6.8.2008 but the amount is being paid within a period of five months. On account of amount being paid within five months, additional interest of Rs.2,500/- each for the 4th and 5th month is being paid by the applicant. The applicant will deposit Rs.60,200/- per month in this Court for a period of five months. The said amount will be deposited by 25th of each month starting from 25.9.2008. On deposisting such amounts, the respondent-original complainant is permitted to withdraw the said amount as soon as it is deposited every month. In view of the above settlement, the matter stands compounded and the applicant is acquitted of the offence under Section 138 of Negotiable Instruments Act. It is made clear that if there is any default on the part of the applicant in depositing the said amount, the [-3-] matter shall stand revived. 4. The learned advocate for the applicant states that he will hand over the original receipts of the amount which have been deposited by the applicant in Court on 25.9.2008 to the respondent-original complainant. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]