1 (Revn 575 of 2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC. APPLICATION NO.338 OF 2010 IN CRIMINAL REVISION APPLICATION NO.575 OF 2009 Burhan @ Burhani Fidahussien ...Applicant Vs. M/s.Himadari Foods Pvt. Ltd. And Anr. ...Respondents ----- Mr.S.Chandnani for Applicant Mr.Kishor N. Bhatia for Respondent No.1 Mrs.V.R. Bhosale -APP for the State ----- CORAM: V.M. KANADE J. DATED: 7TH OCTOBER, 2010 P.C. 1. The learned counsel appearing on behalf of the Applicant and the Respondent No.1, who is appearing in person have applied for compounding the offence under section 147 of the Negotiable Instrument Act. 2. The Applicant and the Respondent No.1, both have filed the consent terms in the form of a criminal application. To the said consent terms, a copy of the resolution passed by the Board of Directors of the Complainant company is annexed. The Petitioner has 2 (Revn 575 of 2009) agreed to permit the Complainant to withdraw the amount which has been deposited in the Trial Court as well as in the Sessions Court and the Complainant has agreed that he will settle the case after receiving Rs.1,41,000/- in full and final settlement of all the claims. 3. In view of the joint application filed by the Applicant and the Respondent No.1, the judgment and order passed by the Learned Metropolitan Magistrate, 6th Court at Mazgaon dated 5.3.2009 and the order passed by the Sessions Court at Sewree in appeal no. 94 of 2009 both are quashed and set aside. The Respondent No.1 is directed to withdraw the amount deposited by the Applicant in the Court of the Learned Metropolitan Magistrate and the Sessions Court. 4. The Criminal Misc. Application is allowed in terms of prayer clauses (a), (b) and (c). Criminal Revision Application is allowed in the aforesaid terms. (V.M. KANADE J.)