1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2260 OF 2009 WITH CRIMINAL APPLICATION No. 241 OF 2009 IN CRIMINAL APPLICATION NO. 2260 OF 2009 Bharat Shah ..Applicant. vs. The State of Maharashtra and Anr.. ..Respondents. Shri Amit A. Jambotkar for the applicant. Smt A.A. Mane, A.P.P., for the Respondent No.1 – State. Ms Usha R. Tiwari for the Respondent No.2. CORAM: A.R.JOSHI,J. (VACATION JUDGE) DATE : 13th MAY,2009. P.C.:- 1. The learned counsel appearing for the parties 2 have placed on record consent terms dated 13.5.2009,signed by the Advocate for the applicant, original convicted accused, respondent no.2 – original complainant and Advocate for respondent no.2. By the said consent terms it is agreed by the original complainant that he had received amount of Rs. 1,25,000/- by Pay Order and that he is ready and willing to compound the offence punishable under Section 138 of the Negotiable Instruments Act, wherein the appellant – original accused was convicted by the Trial Court. 2. The offence punishable under Section 138 of the N.I. Act being compoundable, the consent terms are taken on record and marked “X” for identification. Consequently, order of conviction passed by the M.M. Court in C.C. No. 449/SS/2007 is set aside. The appellant – original accused is entitled to get back the compensation amount as per the said order of conviction, if the same is already deposited with the Trial Court. 3. The appellant-accused shall be released from jail custody if not required in any other matter and his conviction is set aside in view of the consent terms. 4. In view of the above directions present Criminal Appeal is accordingly disposed of. 3 5. In view of aforesaid order pending Criminal Application No.241 of 2009 has become infructuous. Same is disposed of accordingly. A.R.JOSHI,J.