..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.337 OF 2008 Shri.Ajay Shivcharan Shah. ..Applicant. Versus 1. The State of Maharashtra, & 2. Shri.Chandrar Shekhar Bhatia. ..Respondents. .... Mr.Sanjeev P. Kadam, Adv. for the applicant. Mr.S.J.Khera, Adv. for respondent No.2 - orig.complainant. Mr.H.J.Dedia, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 17th September, 2008. DATED : 17th September, 2008. DATED : 17th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicant-orig.accused, the learned Advocate for respondent No.2 orig.complainant and the learned APP for the State. The complainant is present in person. 2. By judgment and order dated 23.4.2007 the learned Metropolitan Magistrate, 12th Court, Bandra convicted the applicant under Section 138 of Negotiable Instruments Act in C.C. No.370/SS/2005. The appeal preferred by the applicant came to be dismissed. Hence, this revision. ..(2).. 3. The cheque was for Rs.12 lakh. The learned Magistrate has directed the applicant to pay compensation of Rs.12,50,000/-. Aggrieved by the quantum of the sentence, the original complainant preferred revision. The learned Sessions Judge enhanced the compensation from Rs.12,50,000/- to Rs.15 lakh. 4. During pendency of this Revision, the parties have decided to amicably settle the matter amongst themselves. The learned Advocate for the orig.complainant, on instructions, states that if the complainant is given Rs.17 lakh, he is willing to compound the matter and accused may be acquitted therein. Rs.4 lakh has been deposited by the applicant before the Sessions Court which has already been withdrawn by the complainant. In addition thereto Rs.5,50,000/- has been deposited by the applicant before this Court. Today the applicant has brought two pay orders. The pay orders are drawn in the name of the complainant. One is for the sum of Rs.3 lakh drawn on The Shamrao Vithal Co-op. Bank Ltd., Bandra (West) Branch, Mumbai being No.009130 dated 6th September, 2008 and the second is for the sum of Rs.2,50,000/- drawn on ICICI Bank Limited, ..(3).. Santacruz (West) Branch, Mumbai being No.122269 dated 6th September, 2008. The said pay orders are handed over to the complainant before this Court. The complainant is permitted to withdraw Rs.5,50,000/- which has been deposited before this Court forthwith. As far as the remaining amount of Rs.2 lakh is concerned, the learned Advocate for the applicant states that the said amount will be handed over to the complainant by demand draft or pay order drawn in the name of the complainant on or before 17th November, 2008. 5. In view of the above facts, the case is compounded and the applicant-accused is acquitted therein. It is made clear that if the remaining amount of Rs.2 lakh is not handed over to the complainant by 17th November, 2008, this order shall stand cancelled and the revision shall be revived. So also Criminal Writ Petition No.1868 of 2008 shall also stand revived. 6. Criminal Revision Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)