1 ndm 30 revn.388.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 388 OF 2009 Fakruddin Rasool Shaikh. ... APPLICANT Vs. The State of Maharashtra and anr. ... RESPONDENTS -------- Mr. Kishor S. Patil and D.J. Shanbhag for Applicant. Mr. K.V. Saste, APP for State. Mr. Prakash Naik for Respondent No.2. -------- CORAM : B.R. GAVAI, J. DATE : 07 th April, 2010. P.C. 1 Rule made returnable forthwith. Heard by consent. 2 By way of present Revision Application, the Applicant challenges the judgment and order passed by the learned Ad-hoc Additional Session Judge, Mumbai dated 11 th June, 2009 thereby dismissing the appeal filed by the present Applicant, which in turn while challenging the judgment and order passed by the learned Metropolitan Magistrate, 7 th Court, Dadar, Mumbai in C.C. No. 5638/SS/2005 thereby sentencing the Applicant to suffer SI for one year and to pay a fine of Rs. 2 5,000/- and in default to suffer S.I. for three months and further to pay compensation of Rs.5,50,000/-. 3 During the pendency of the application, the matter has been amicably settled between the parties. It has been agreed that the dues of the Respondent No.2 - complainant would be satisfied on the payment of a total amount of Rs.4,00,000/- by the Applicant to Respondent No.2. It is also not in dispute that an amount of Rs.3,31,000/- has been deposited in this Court by the Applicant. The Applicant undertakes to pay the balance amount of Rs.69,000/- within a period of eight weeks from today. 4 Since the present proceedings arise out of an offence punishable under Section 138 of the Negotiable Instruments Act and since the parties have amicably settled the matter, I find that it will be in the interest of justice to given an end to criminal litigation. The application is therefore, allowed. The judgment and order passed by the learned trial Court and confirmed by the Appellate Court of conviction and sentence is set aside. The accused is acquitted of the offences charged with. The bail bonds of the accused shall stand discharged. 5 It is however, made clear that the aforesaid order is subject to the payment of balance amount of Rs.69,000/- by the Applicant to the complainant within a period of eight weeks from today. The said amount shall be paid by the Applicant to the non-applicant No.2 by a cross 3 demand draft within a period of eight weeks from today. Needless to state that on failure to make the payment aforesaid, the application shall stand automatically dismissed and the order of the learned trial Court and the Appellate Court revived. 6 The Applicant is personally present in the Court and undertakes to file an undertaking during the course of the day that he would pay an amount of Rs.69,000/- to the Respondent No.2 within a period of eight weeks from today. 7 The amount already deposited in this Court is permitted to be withdrawn by the Respondent No. 2. [ B.R. GAVAI, J ]