1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL REVISION APPLICATION NO.3 OF 2010 WITH CRIMINAL APPLICATION NO.3 OF 2010 In CRIMINAL REVISION APPLICATION NO.3 OF 2010 Mrs.Bhavana Rajesh Pandey : Applicant (Orig.Accused) V/s. The State of Maharashtra & Anr. : Respondents (No.2 orig. complainant) .... Ms Neeta Parekh i/b. Rahul Karnik for the applicant. Mr.H.J. Dedhia, Addl. Public Prosecutor for respondent no.1. Ms Usha Naruwale for respondent no.2. ... CORAM : B.R. GAVAI, J. DATE : MAY 03, 2010. P.C.: By consent, taken up for final hearing. 2. By the present revision, the applicant challenges the order passed by the learned Metropolitan Magistrate’s 44th Court, Andheri, Mumbai, in C.C.No.324/SS/03 thereby convicting the applicant for the 2 offence punishable under section 138 of the Negotiable Instruments Act and sentencing her to S.I. for six months and payment of compensation of Rs.5,05,000/- and the order passed by the learned Sessions Judge in Criminal Appeal No.275 of 2008 dated 23.12.2009 thereby dismissing the appeal. 3. The applicant has already deposited a sum of Rs.1,00,000/- before the learned appellate Court. The applicant has also deposited an amount of Rs.4,50,000/- before this Court. 4. During the pendency of the present proceedings, the matter has been amicably settled. The respondent no.2 has filed an affidavit that she has no objection for compounding the matter is she is permitted to withdraw Rs.5,50,000/- deposited in this Court and the appellate Court. 5. Since the present proceedings arise out of the offence punishable under section 138 of the Negotiable Instruments Act and since the parties have amicably settled their disputes, I find that no purpose would be served in keeping the criminal proceedings pending. 6. In that view of the matter, the Revision Application is allowed. The order of conviction and sentence is quashed and set aside. The 3 applicant is acquitted of the offence charged with. Her bail bond shall stand cancelled. 7. The respondent no.2 is permitted to withdraw the sum of Rs.4,50,000/- deposited in this Court and the amount of Rs.1,00,000/- deposited before the learned Sessions Judge. An amount of Rs.10,000/- deposited by the applicant before the learned trial Court as per the order of the learned Magistrate towards cash security is permitted to be withdrawn by the applicant. 8. In view of the disposal of the Revision Application, Criminal Application No.3 of 2010 does not survive and the same stands disposed of. 9. All concerned to act on a copy of this order duly authenticated by the Registry. B. R. GAVAI, J.