- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION No. 106 OF 2008 i) H. S. Nagashwaran ii) Mrs. Vijayalakshmi Nagashwaran iii) Sun Worldwide Pvt. Ltd. Applicants Versus i) State of Maharashtra ii) Mr. Chhotubhai K. Pithawalla Respondents ... Mr. Udayan Jain, Advocate for the applicants. Mr. K. V. Saste, APP for the respondent No.1. Mr. A. P. Mundargi, Advocate for the respondent No.2. CORAM : D. G. KARNIK, J. DATE : MARCH 24, 2008. PC 1. Heard. 2. By this application, the applicants challenge the judgment and order dated 12th of March 2007 passed by the Session Court, dismissing the appeal of the revision applicants against the order of conviction under section - 2 - 138 of the Negotiable Instruments Act, passed by the Judicial Magistrate First Class, Mumbai. By consent of the parties, following order is passed. _O_R_D_E_R_ i) The impugned order dated 12th March 2007 is set aside and the Appeal No. 2100 of 2007 is restored to file. The Session Court is directed to hear and decide the appeal on merits. 2. The applicants have delivered demand drafts of the total amount Rs. 1,45,00,000/- without prejudice to their rights and contentions in the appeal to the counsel for respondent No.2. The respondent No. 2 have received the same without prejudice to his rights and contentions. 3. In the event Session Court orders refund of the said amount of Rs.1,45,00,000/-, the respondent No.2 shall refund to the appellants, forthwith. 4. The learned counsel for the parties may request the Session Court for expediting hearing of the appeal. If such a request is made, Session Court shall consider the same favourably, subject to board. - 3 - 5. The revision applicants shall be released on bail, on the same terms and conditions on which they were granted bail initially by the Session Court, with liberty to the Session Court to modify the terms and conditions of bail, if thought necessary. [ D. G. KARNIK, J.]