1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3736 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Vinit Jain i/b Mr. Suresh Jain for the applicant. Ms. Dimple Shah with Mr. Mayur Shetty i/b Gagrats for respondent no.1. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 16TH NOVEMBER 2009 P.C. : 1. Rule. By consent, Rule is made returnable forthwith. 2. The petitioner no.2 had issued a cheque in favour of the respondent no.1 in the sum of Rs.76,695/- which, on presentation to the bank, was dishonoured. The criminal complaint under section 138 of the Negotiable 2 Instruments Act was filed by the respondent no.1 against the petitioners. 3. Today, counsel for the parties state before me that the matter has been settled between the parties. The petitioners have paid to the respondent no.1 the principal amount of the cheque together with interest thereon at the rate of 18% per annum from the date of the cheque till payment and the respondent no.1 has accepted the said amount in settlement of the claim. The Hon'ble Supreme Court has held that in case of settlement between the parties in respect of an offence under section 138 of the Negotiable Instruments Act, the proceedings can be quashed. 4. In view of the settlement between the parties, the impugned order is set aside and the application is allowed in terms of prayer clause (b). (D.G. KARNIK)