1 Appln366.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION kj CRIMINAL APPLICATION NO.366 OF 2010 IN CRIMINAL WRIT PETITION NO.2760 OF 2010 Shri Jagdish Mehta ..Applicant Vs M/s.Clariant Chemicals India Ltd., & Anr. ..Respondents ---- Mr.Niranjan Mundargi for the applicant. Mr.A.S.Shitole APP for the respondent/State. Mr. S.V.Vora for the respondent no.1. ---- Coram : V.M.KANADE,J Date : 11.10.2010. PC 1 Parties have settled the dispute and have filed consent terms. The same terms are marked “X’ for the purpose of identification and are taken on record. The petitioner was convicted by the trial 2 Appln366.10.sxw Court for the offence punishable under Section 138 of Negotiable Instruments Act and was sentenced to suffer simple imprisonment for three months and further directed to pay compensation to the tune of Rs.8,35,000/- to the Complainant. The Revision Application filed by the petitioner herein was also dismissed by the Sessions Court by a judgment and order dated 3.9.2010. Thereafter the parties have now amicably settled the dispute. In the consent terms it is agreed that the petitioner shall pay Rs. 19,71,729.44/- to the respondent no.1 by post dated cheques which are mentioned at page-3 of the consent terms. It is stated in the consent terms that in the event any of the cheques are dis- honoured, the order of the trial Court shall revived. It is submitted that in view of this, the order passed by the trial Court and confirmed by the Sessions Court may be set aside. In my view, it is not possible to pass such an order. It would be more appropriate if this Writ Petition is kept pending and the order of conviction and sentence is stayed and the parties are given liberty to apply for withdrawal after last cheque given by the petitioner is honoured. 3 Appln366.10.sxw 2 Under these circumstances, Criminal Application No.366 of 2010 is allowed. The applicant will be released on bail on execution of PR bond in the sum of Rs.5000/- with one or two sureties in the like amount. Application stands disposed of. (V.M.KANADE,J) 4 Appln366.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2760 OF 2010 Shri Jagdish Mehta ..Petitioner Vs. M/s.Clariant Chemicals India Ltd., & Anr. ..Respondents ---- Mr.Niranjan Mundargi for the petitioner. Mr.A.S.Shitole APP for the respondent/State. Mr.S.V.Vora for the respondent no.1. ---- Coram : V.M.KANADE,J Date : 11.10.2010. PC 1 Rule. There shall be ad-interim relief in terms of prayer clause-(d). It is clarified that in the event any of the cheques given by the petitioner is dis-honoured, liberty is given to the complainant/respondent no.1 to apply for cancellation of bail and for dismissal of the writ petition as agreed in the consent terms. 5 Appln366.10.sxw The respondent no.1 is permitted to withdraw Rs.2 lakhs which is deposited by the petitioner in the Sessions Court in Revision Application No.1073 of 2009. Certified copy expedited. (V.M.KANADE,J)