IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 40 OF 2011 MR. GEORGE BARRETTO, PRESENTLY IN SADA JAIL, VASCO THROUGH MRS, JORGINA BARRETTO., ... Petitioner Versus ING VYSYA BANK LTD.,REP. BY VICE PRESIDENT AND BR, HEAD, SHRI. RADHAKRISHNA KINI ... Respondent Mr. Galileo Francisco Teles, advocate for the petitioner Mr. M.S. Joshi, advocate for respondent no.1. Coram:- A. P. LAVANDE, J. Date:- 4th July, 2011 P.C: 1. The application filed by the advocate for the petitioner and by Branch Head of respondent no.1 for compounding the offence punishable under Section 138 of the Negotiable Instruments Act is taken on record and marked "X" for identification purpose. 2. The petitioner is presently in jail. In view of the application filed, the petitioner and respondent no.1 are permitted to compound the offence. Consequently, the conviction of the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the J.M.F.C. in Criminal Case no.1058/NI/2006/F for the offence punishable under Section 138 of the Negotiable Instruments Act and sentence imposed on him to undergone simple imprisonment for a a period of 15 days and to pay compensation of Rs.50,000/- which has been confirmed by the Lower Appellate Court by judgment and order dated 29/6/2011 passed by the Additional Sessions Judge, Fast Track Court-I, South Goa, Margao in Criminal Appeal no.68/2010 is set aside and the petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The application for compounding the offence is granted subject to the petitioner depositing in this Court the amount of Rs.5588/- (Rupees Five thousand five hundred eight eight only) in terms of the judgment of the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 Supreme Court Cases 663. The petitioner be released after payment of the said amount in case he is not required in any other case. 4. The petitioner to act upon a duly authenticated copy of this order. A. P. LAVANDE, J. ap/-