[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.176 OF 2007 Mr.Salim Abdul Samad Shaikh ..Applicant Vs. State of Maharashtra & Anr. ..Respondents ... Mr.P.J.Ramchandnani advocate for applicant Mr.M.H.Bandekar Adv.for Respondent no.2 Mr.Y.M.Nakhwa A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original complainant, learned advocate for the respondent no.2-original accused and the learned A.P.P. for the State. 2. The respondent no.2 gave a cheque for Rs.1,50,000/- to the applicant. As the cheque was dishonoured, complaint came to be filed under Section 138 of Negotiable Instruments Act. The said complaint is numbered as CC No.41/SS/2004 and it was pending before the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. In the [-2-] said case, the respondent-accused came to be convicted under section 138 of Negotiable Instruments Act and he was sentenced to SI for three months and to pay a fine of Rs.2 lakhs i/d S.I. for three months. Out of the said amount, an amount of Rs.1,90,000/- was to be given to the complainant. Being aggrieved by the said order, the respondent-accused preferred Criminal Appeal no.113 of 2006 before the Sessions Court. The learned Sessions Judge by order dated 13.3.2007, remanded the matter back to the trial Court. Being aggrieved thereby, this revision has been preferred by the complainant. 3. During the pendency of this revision, parties have amicably settled the dispute and the learned advocate for the complainant states that if totally an amount of Rs.1,85,000/- is given to the complainant by the respondent-accused, the complainant is agreeable to compound the matter. The learned advocate for the respondent-accused on instructions states that Rs.1,50,000/- has been deposited by the respondent before the Sessions Court which has already been withdrawn by the complainant. In addition thereto, the [-3-] respondent-accused will hand over Pay Order of Rs.35,000/- to the applicant-complainant within a period of one month from today. The learned advocate for complainant admits that Rs.1,50,000/- has been withdrawn by the complainant and states that if Rs.35,000/- as agreed is paid to complainant, the complainant is agreeable to compound the matter. 4. In view of the settlement arrived at between the parties, matter is compounded and the respondent-accused is acquitted thereunder. It is made clear that if the amount of Rs.35,000/- is not paid by the respondent-accused to the complainant within the stipulated period of one month, this order shall automatically stand vacated and the revision shall stand revived. 5. Revision is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]