1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 127 OF 2011 IN CRIMINAL APPLICATION NO.111 OF 2011 Tima G. Manjrekar ...Petitioner. Vs. The State of Maharashtra & Anr.. ...Respondents. ---- Mr. Rishi Bhuta for the Petitioner. Mrs. A.A. Mane, APP for the State. Mr. Vilas A. Sawant for respondent no.2. ---- CORAM: U.D. SALVI, J. DATED: MARCH 22, 2011. P.C.: 1 Heard Mr. Bhuta, learned counsel for the petitioner and Mr. Sawant, learned counsel for respondent no.2 and Mrs. Mane, learned APP for the State. 2 The consent terms dated 23.3.2011 executed by and between the contesting parties, namely, the petitioner through his son and his duly instructed advocate Mr. Rishi Bhuta on the one hand and respondent no.2 – Abdul Latif Sonde and his duly instructed advocate Mr. Sawant on the other hand, are tendered. Respondent No.2 - original complainant is 2 present. He admits of having consciously executed the said terms. 3 It is revealed that the monies due to respondent no.2 - complainant under the cheque in question have been received by the complainant and there is no reason to make any grievance about the same. 4 Perused the application for compounding the case. 5 The grievance in respect of cheque in question, no more subsists and it has been settled between the parties as per the consent terms dated 22.3.2011 marked “X” for identification. However, the matter has been settled belatedly and, therefore, the petitioner-accused needs to be saddled with appropriate costs as per the guidelines laid down by the Hon’ble Apex Court in Damodar Prabhu’s case [Damodar S. Prabhu Vs. Sayed Babalal (2010 (5) SCC 663]. 6 The impugned judgment and order dated 29th July, 2005 convicting the accused for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and sentencing him to suffer. R.I. for two months is set aside subject to the petitioner depositing Rs.15,000/- with the Registry of this court as a contribution to the State Legal Services Authority. The petitioner-accused shall be released from the jail forthwith on depositing the said amount with the Registry. Consequently, the order passed by the Sessions Court, Mumbai in criminal appeal no.430 of 2005 dated 4.3.2001 3 shall stand quashed in terms of the aforesaid order. Criminal Application No.111 of 2011 for bail shall also stand disposed of. 6. The parties and all concerned to act on a copy of this order duly authenticated by the Registry of this Court. (U. D. SALVI,J.)