bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1185 OF 2008 PETITION NO. 1185 OF 2008 PETITION NO. 1185 OF 2008 Pradeep S. Bhalakia ... Petitioner v/s M.D. @ Pramod & anr. ... Respondents Mr.S.V.Marwadi for the petitioner. Mr.Toor i/by M/s.Crawford Bayley & Co. for Resp.No.1. Mr.P.A.Pol, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 27TH JUNE, 2008 27TH JUNE, 2008 27TH JUNE, 2008 P.C. P.C. P.C.: 1. The dispute in the present writ petition has arisen on account of dishonour of the cheque issued by the petitioner to respondent No.1. The complainant i.e. the respondent No.1 herein, had filed the complaint under Section 138 of the Negotiable Instruments Act being CC No.499/SS/2004. 2. By the judgment and order dated 8.8.2007, the petitioner has been convicted and sentenced to suffer imprisonment for one month. He has also been directed to pay compensation of Rs.2,53,000/- within one month and in default to suffer simple imprisonment for one month. This order was challenged by the applicant 2 before the Sessions Court in Criminal Revision Application No.269 of 2007. By an order dated 5.6.2008, the revision application was dismissed and the order of the Trial Court was confirmed. 3. The petitioner was released on cash bail of Rs.25,000/- during the trial. During the pendency of the revision he was directed to execute a P.R. bond for the like amount. Thereafter, an amount of Rs.60,000/- was also deposited by the petitioner in the Sessions Court in respect of the compensation payable. By my order dated 12.6.2008, the petitioner was directed to deposit a further amount of Rs.50,000/- in the Trial Court as a condition precedent to being released on bail. Thus, today, an amount of Rs.1,35,000/- has been deposited by the petitioner in the Trial Court. The petitioner who is present in Court is willing to hand over the balance amount of Rs.1,18,000/- to the respondent No.1 who is also present in Court. This amount shall be handed over to the respondent No.1 by the petitioner today itself. The respondent No.1 shall be permitted to withdraw all the amounts deposited by the petitioner in the trial Court and/or in the Sessions Court. Thus, on these directions being complied, the respondent No.1 would have received the entire compentation payable to him in accordance with the order 3 passed by the Metropolitan Magistrate, 13th Court, Dadar, Mumbai. 4. The learned advocate for the respondent No.1, on instructions from the respondent No.1 submitted that the respondent No.1 is not interested in the petitioner undergoing the sentence in view of the fact that the entire amount will be paid over to him by today. 5. In this view of the matter, the order of the Sessions Court in revision application No.269 of 2007 is set aside. 6. The order of the trial Court dated 8.8.2007 in C.C.No.499/SS/2004 is also set aside on condition that the petitioner pays Rs.1,18,000/- to the respondent today itself. 7. The respondent No.1 is at liberty to withdraw all the amounts that the petitioner has deposited in the Trial Court and/or in the Sessions Court i.e. the amount of Rs.1,35,000/-. The petitioner will extend all co-operation to the respondent No.1 in respect of the withdrawal of that amount from the Courts. 8. The petition is disposed of accordingly. 4 9. Parties to act on the authenticated copy of this order.