ash 1 crrevappln-238ncrwp-1225.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 238 OF 2010 AND CRIMINAL WRIT PETITION NO. 1225 OF 2010 CR REVISION APPLICATION NO.238 OF 2010 Paresh Dhirajlal Doshi .. Applicant Vs The State of Maharashtra & Anr. .. Respondents -- Shri S.R. Patil i/by Ms Trupti Shetty for the Applicant. Shri Santosh S.K. With Ms Pallavi Kumavat for Respondent No.2. -- CRWP NO.1225 OF 2010 Chetan Dhirajlal Doshi. .. Petitioner Vs The State of Maharashtra & Anr. .. Respondents -- Shri S.R. Patil i/by Ms Trupti Shetty for the Petitioner. Shri Santosh S.K. With Ms Pallavi Kumavat for Respondent No.2. CORAM ; A.S. OKA, J DATED : 15TH SEPTEMBER, 2011 P.C. . Heard learned counsel appearing for the parties. Learned counsel appearing for the Petitioner and the learned counsel appearing for the second Respondent have tendered across the bar the ash 2 crrevappln-238ncrwp-1225.10 applications for grant of permission to compound the offence. The Applications are taken on record and marked “X” for identification in both the matters. Learned Counsel appearing for the parties also tendered separate consent terms duly signed by the Petitioner, the second Respondent and their respective Advocates. The consent terms are taken on record and marked “Y” for identification in both the matters. 2. In both the cases, the Petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1882. Perusal of the consent terms shows that the parties have arrived at a settlement. Certain amount has been paid by the Petitioner to the second Respondent. 3. As the offence is compoundable and there is a settlement between the parties, permission deserves to be granted to compound the offence. 4. Hence, I pass the following order: ORDER: (a) The offences stand compounded. The impugned judgments and orders are quashed and set aside; (b) The orders of conviction and sentence are quashed ash 3 crrevappln-238ncrwp-1225.10 and set aside and the Petitioner is acquitted of the offence charged against him; (c) It will be open for the second Respondent to withdraw a sum of Rs.75,000/- deposited in the Sessions Court in Criminal Appeal No.313 of 2008. It will be open for the second Respondent to withdraw a sum of Rs.50,000/- deposited in Criminal Revision Application No.238 of 2010; (d) It will be open for the second Respondent in the Writ Petition to withdraw a sum of Rs.25,000/- deposited in the Sessions Court at Mumbai; (e) The bail bonds of the Appellant stand cancelled; (f) If cash security is furnished by the Petitioner, the same shall be refunded to the Petitioner; (g) Petitions are disposed of accordingly. (h) The parties and the concerned Courts to act upon an authenticated copy of this order. ( A.S. OKA, J )