1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.309 OF 2009 IN CRIMINAL APPEAL NO.521 OF 1996 Rajesh s/o Laxman Mane .. Applicant Versus Prashant s/o Dattatraya Kutal .. Respondent Shri S.L.Bhapkar, Advocate for applicant Shri N.B.Narwade, Advocate for respondent CORAM : P.V. HARDAS, J. DATE : 26th February 2010 PER COURT 1. This is an application filed by the applicant, who was original accused in Criminal Appeal No.521 of 1996, seeking to recall the judgment of this Court rendered on 11.11.2008. 2. It appears that the present applicant, who was accused in an offence punishable under Section 138 of the Negotiable Instruments Act came to be acquitted by the trial Court. The respondent-original complainant being aggrieved by the acquittal of the present applicant filed Criminal Appeal No.521 of 1996 in this Court. Ultimately, Criminal Appeal No.521 of 1996 came to be allowed by this Court by its judgment dated 11.11.2008 and the present applicant stood convicted and sentenced to 2 pay fine of Rs.1,000/- in default of which was directed to undergo simple imprisonment for one month as well as to pay compensation of Rs. 11,000/- to the appellants in both the appeals, i.e. Criminal Appeal No. 521 of 1996 and Criminal Appeal No.522 of 1996. 3. The applicant contends that the parties desire to compromise the dispute and, therefore, seeks the order of this Court for recalling the judgment of this Court dated 11.11.2008 in Criminal Appeal No.521 of 1996. 4. The aforesaid application, seeking recall of the said judgment is wholly misconceived. In the light of Section 362 of the Code of Criminal Procedure, review of a judgment rendered by a Criminal Court is wholly misconceived except to correct clerical and arithmetical errors. Since that is not the correction which is sought for but what is sought for is review of the judgment of this Court, the application deserves to be dismissed. 5. Accordingly, Criminal Application No.309 of 2009 is summarily dismissed. ( P.V. HARDAS, J.) (vvr/309.09criappln) 3