1 ndm 27 revn.493.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 493 OF 2009 Mrs. Neeta M. Chhabaria. ... APPLICANT Vs. Martin Furtado and anr. ... RESPONDENTS -------- Mr. C.R. Mishra i/b /s. C.R.S. Mishra and Company for Applicant. Mr. U.L. Shah for Respondent No.1. Mr. K.V. Saste, APP for State. -------- CORAM : B.R. GAVAI, J. DATE : 01 st April, 2010. P.C. 1 By consent, the Revision is taken up for final hearing. 2 The Applicant challenges the orders of conviction as recorded by the learned Metropolitan Magistrate, 31 st Court, Vikhroli, Mumbai in C.C. No. 738/SS/2005 dated 18 th October, 2006 thereby convicting the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing her to suffer S.I. for one year and also to pay compensation cheque amount quantified to Rs. 2 2,50,000/- within 30 days and the order passed by the learned Session Judge dated 30 th July, 2009 passed in Criminal Appeal No. 811 of 2006 thereby dismissing the appeal. 3 During the pendency of this proceedings, the matter has been amicably settled between the parties. It has been agreed that the amount of Rs.2,40,000/- which has been deposited by the Applicant in the learned trial Court, the Appellate Court and in this Court. The parties further agreed that the Respondent No.1 has already received an amount of Rs.10,000/- in cash from the Applicant. The parties further agreed that the Applicant would pay an additional compensation of Rs.50,000/- to the Respondent No.1 that the said compensation would be paid within a period of six months from today. It is agreed that the said amount would be paid by a demand draft drawn in the name of Respondent No.1. 4 Since, the matter arises out of the proceedings under Section 138 and since the parties have amicably settled the dispute, I find that this is the fit case wherein by exercising the jurisdiction under Section 482 of the Criminal Procedure Code, this Court give and end to this criminal litigation. 5 The affidavit filed by the Applicant is taken on record and marked ‘X’ for identification and it is treated as an undertaking to this Court, to pay an amount of Rs.50,000/- to Respondent No.1 within a 3 period of six months from today. 6 The Revision Application is therefore, allowed. The order of conviction and sentence are set aside. The bail bonds of the Applicant shall stand canceled. 7 The amount deposited by the Applicant in the learned trial Court, the Appellate Court, and in this Court shall be paid to the Respondent No.1 by a cheque drawn in his name. 8 Needless to state that on failure of the Applicant to pay an amount of Rs.50,000/- as aforesaid, the Revision Application shall stand dismissed. [ B.R. GAVAI, J ]