1 251.11-ma bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO.248 OF 2011 IN REVISION APPLICATION NO.59 OF 2006 IN CASE NO.310/S/2002 WITH MISCELLANEOUS APPLICATION NO.249 OF 2011 IN REVISION APPLICATION NO.60 OF 2006 IN CASE NO.311/S/2002 WITH MISCELLANEOUS APPLICATION NO.250 OF 2011 IN REVISION APPLICATION NO.61 OF 2006 IN CASE NO.312/S/2002 WITH MISCELLANEOUS APPLICATION NO.251 OF 2011 IN REVISION APPLICATION NO.62 OF 2006 IN CASE NO.313/S/2002 Ashok C. Mehta ..Applicant Vs. Roop Telesonic Ultrasonic Ltd. & Anr. ..Respondents Mr.B.M.Shaikh for the applicant. Mr.J.P.Kharge, APP for State in Application No.250 of 2011. Smt.A.A.Mane, APP for State in Application No.248 of 2011. Mrs.M.M.Deshmukh, APP for State in Application No.249 of 2011. Mrs.R.V.Newton, APP State in Application No.251 of 2011. 2 251.11-ma CORAM : K.U.CHANDIWAL,J. DATE : SEPTEMBER 2, 2011 PC. Heard the learned Counsel for the applicant (original accused) in all four applications. 2. In criminal Revision Application Nos.59,61,62 of 2006, by an order dated 20th February, 2007, on hearing the Counsel for original complainant and the accused, based on a statement made by Mr.Vohra, then representing original complainant, that he has already received full amount as per the Consent Terms, the conviction recorded against the applicant was set aside. 3. In criminal Revision Application No.60 of 2006, by an order dated 6th May, 2011, on hearing the wife of the accused applicant and the Counsel for the complainant, the complainant confirmed having received an amount of Rs.1,55,000/- by a Pay Order in full and final satisfaction. The conviction recorded against the accused applicant was permitted to be compounded and it was accordingly set aside. The accused applicant was convicted under Section 138 of the Negotiable Instruments Act. 4. The original complainant, in spite of service absent nor his Counsel present. The record demonstrates, the applicant, as accused in proceedings under Section 138 of the Negotiable Instruments Act before the learned Metropolitan Magistrate, 21st Court, Bandra, Mumbai, has deposited Rs.15,000/- each (total Rs.Sixty Thousand). 3 251.11-ma 5. As the matter is resolved between the complainant and the applicant, the complainant having received entire amount as referred to above earlier, the present applicant accused is entitled to reimbursement of the deposited amount in the Court. Consequently, all the above four applications are allowed. The learned Metropolitan Magistrate to release the amount deposited by the accused applicant in the respective criminal case Nos.310/S/2002, 311/S/2002, 312/S/2002 and 313/S/2002 which are disposed of. (K.U.CHANDIWAL,J.)