1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Revision Application No. 1/2009 ( D.M. Rathi .vrs. Sau. Jyoti Sudhir Sahastrabuddhe) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.S. More, Advocate h/f Mr. Devendra Upadhye, Advocate for applicant, Mr. K.R. Lambat, Advocate for respondent no.1, Mr. C.N. Adgokar, APP for respondent no.2. .......... CORAM : P.D. KODE, J. DATED : JUNE 30, 2009 Heard. The present application in revision is preferred by applicant/accused convicted for commission of offence punishable under Section 138 of Negotiable Instruments Act and sentenced to suffer S.I. for one month and ordered to pay compensation of amount of Rs.1,30,000/- to respondent no.1 in present petition and in default to undergo further S.I. for 10 days by judgment vide order dated 7.12.2007 delivered by JMFC, Court No.6, Amravati in Criminal Complaint Case No. 3145/2006 and whose Appeal No.159/2007 preferred against said judgment and order was dismissed by learned 2nd Additional Sessions Judge, Amravati by 2 judgment and order delivered on 2.1.2009. The compromise pursis jointly filed by applicant and respondent on 13.4.2009 in this proceeding reveals that the matter has been amicably settled/compounded in terms of terms and conditions stated therein. Upon questioning applicant and respondent no.1, who are kept present and identified by learned Advocate for respective parties, they have affirmed of settlement being arrived in between them in terms of matters stated in the said pursis submitted. Since reference to Section 147 of Negotiable Instruments Act reveals that offence under Section 138 of the said Act for which the applicant has been found guilty, convicted and sentenced in compoundable and the matter stated in pursis revealed that terms and conditions upon which settlement is arrived is not illegal or against public policy in order to give effect to compounding of relevant offence by parties, it will be necessary to set aside order of conviction and sentence passed by trial court and upheld by appellate court. Hence the judgment and order dated 7.12.2007 passed by learned JMFC of Court No.6, Amravati in Criminal Complaint Case No.3145/2006 convicting and sentencing applicant for commission of offence punishable under section 138 of Negotiable Instruments Act and sentencing him to suffer S.I. for one month and ordering him to pay a compensation of amount Rs.1,30,000/- to respondent no.1 in present 3 petition and in default undergoing further S.I. for 10 days and so also the judgment and order dated 2.1.2009 passed by learned 2nd Additional Sessions Judge, Amravati in Criminal Appeal No.159/2007 upholding the said order of conviction and sentence are hereby set aside and applicant/accused is acquitted from the charge of commission of the said offence for which he was found guilty and sentence by the same. The amount deposited by applicant in lower court and so also in appellate court as stated in pursis be handed over to respondent no.1 upon herself making application for such purpose before respective court. The application in revision stands disposed of in aforesaid terms. Criminal Application No.13/2009 preferred in same is also marked as disposed of in view of disposal of main application. JUDGE halwai