IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.314 of 2007. CRIMINAL REVISION APPLICATION NO.314 of 2007. CRIMINAL REVISION APPLICATION NO.314 of 2007. Ravindra Shambhu Sakpal ..Applicant versus State of Maharashtra & Others ..Respondents Mrs.Madhavi Tavanandi for the Applicant Mr.Saste for the State-Respondent No.1 Mr.Parimal Salvi with Mr.R.R.Gaikwad for the respondent No.2 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 6th June, 2008. DATED : 6th June, 2008. DATED : 6th June, 2008. P.C. 1. The applicant was convicted under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, by Order dated 18.7.2005 in C.C.No.6719/S/2002. The applicant preferred the appeal No.333 of 2005 in the Sessions Court and the learned Addl. Sessions Judge by his Order dated 10.2.2007 dismissed the appeal and confirmed the sentence imposed upon the present applicant. Being aggrieved by this Order, the applicant filed the present criminal revision challenging the two order as mentioned aforesaid. -2- 2. After the notice was issued to respondent No.2 parties have arrived at amicable settlemt and it is now agreed that out of the sum of Rs.4,00,000/- which has been deposited in the Court of the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, the sum of Rs.3,50,000/- be paid over to respondent No.2 and the remaining sum of Rs.50,000/- be repaid to the applicant and that the applicant and the respondent be permitted to compound the offence. 3. The applicant and the respondent No.2 have filed a joint affidavit duly affirmed and duly countersigned by their respective advocates requesting for compounding the offence. The same is taken on record and marked "X". Learned Advocate Mr. Saste appearing on behalf of the State has no objection for compounding of the offence under Section 138 of the Negotiable Instruments Act as the parties have arrived at amicable settlement. 4. Keeping in view the wishes of the parties, and that the offence is compoundable offence, the request for allowing them to withdraw the amount -3- deposited in the Court, in the proportion as mentioned above can be granted. Hence the Order. ORDER . Application is granted. . The conviction and sentence of the applicant rendered by the learned Metropolitan Magistrate, 10th Court, under Section 138 of Negotiable Instruments Act by Order dated 18.7.2005 in Court Case No.6719/S/2002, which conviction and sentence is confirmed by the learned Addl. Sessions Judge, City Civil & Sessions Court, Gr.Mumbai in appeal No.333 of 2005 is set aside. . The applicant is acquitted of the charge under Section 138 of the Negotiable Instruments Act. . His bail bond stands cancelled. . The applicant had deposited a sum of Rs.4,00,000/- by way of compensation in terms of Order dated 18.7.2005 passed by the learned -4- Metropolitan Magistrate, 10th Court, Andheri, Mumbai. As per the terms of the compromise and compounding of the offence, the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai is directed to pay to the respondent No.2 Shri Mehboob Khan Mohammed a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) without security or guarantee towards the figure arrived at by way of settlement. The balance sum of Rs.50,000/- (Rs. Fifty Thousand Only) lying with the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, be repaid to the applicant in terms of the compromise. . The learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, shall act upon this Order upon filing the certified copy of this Order. . Issuance of certified copy expedited. . Learned Advocate Ms. Madhavi Tavanandi for the applicant submits that certain documents are lying in the court of learned Metropolitan Magistrate, 10th Court, and that the applicant wants to get back those documents. The applicant -5- shall make a formal application in the Court of the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai, and upon filing of that application the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai shall attend to that application is terms of granting of the same. The applicant shall submit Xerox copies of those documents to complete the record. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)