* 1 * Cri.Revn.Appln.22.2011 14.1.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 22 OF 2011 Bipin Jethalal Shah .......Applicant V/S. Haresh Mansukh Kabani & anr. .........Respondents * * * * * * Mr. Santosh Deshpande, Advocate for the applicant. Mr. Kishore Bhatia, Advocate for respondent no.1. Respondent no.1-Original Complainant present in Court. Mr. Rajesh More, APP for respondent no.2-State. Coram : Smt. R.P. SondurBaldota, J. 14 January, 2011. P.C. : 1. In this Revision Application filed to challenge the judgment and order dated 11th January, 2011 passed by the Sessions Court confirming the conviction of the applicant under Section 138 Negotiable Instruments Act and the sentence awarded to him by the trial court, the parties by the present application under Section 147 * 2 * Cri.Revn.Appln.22.2011 14.1.2011 Negotiable Instruments Act pray for permission to compound the offence. The application is accompanied by the consent terms signed by both the sides. In view of the consent terms, application under Section 147 Negotiable Instruments Act is allowed. Criminal Revision Application No.22 of 2011 is allowed. The order dated 11th January, 2011 of the Sessions Court, Mumbai in Criminal Appeal No. 724 of 2005 is set aside. The appeal is allowed. The judgment and order dated 24th October, 2005 in Case No.62/SS/2005 passed by the learned Metropolitan Magistrate’s, 31st Court, Vikhroli, Mumbai is set aside. The applicant is acquitted of the offence alleged against him. 2. Respondent no.1 is at liberty to withdraw the amount of Rs. 2,00,000/- (Rs. Two Lakhs only) deposited by the applicant in the trial court. 3. The applicant be set at liberty forthwith unless required in any case. . All concerned to act on authenticated copy of this order. [Smt. R.P. SondurBaldota, J]