IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1381 OF 2007. Rajendrakumar C. Morzaria. ..Petitioner. versus Travelera Pvt.Ltd. & Anr. ..Respondents. WITH CRIMINAL APPLICATION NO.280 OF 2008 IN CRIMINAL WRIT PETITION NO.1381 OF 2007. Travelera Pvt.Ltd. ..Applicant. versus Rajendrakumar C. Morzaria & Anr. ..Respondents. .... Mr.P.G. Sarda, for the Petitioner, in Crim. W.P. No.1381/2007. Mr. Y.S.Shinde, APP, for the Respondent-State, in Crim.W.P.No.1381/2007. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 24th September 2008. : 24th September 2008. : 24th September 2008. P.C.: 1. Heard the learned counsel appearing for the petitioner in the writ petition and the learned counsel appearing for the first respondent in the writ petition. The first respondent filed a complaint under section 138 of the Negotiable Instruments Act, 1881. For various reasons, non-bailable warrant was issued against the petitioner-accused. The petitioner has been arraigned as an accused in the said complaint. The case of the petitioner in this petition is that out of the cheque : 2 : amount of Rs.3,33,739/- which is subject matter of the complaint, as per the instructions of the first respondent in the writ petition, the petitioner has paid a sum of $ 2,000 (Two Thousand Dollars) to one Mr. Rahul Mirani. 2. Criminal Application No. 280/2008 has been filed by the first respondent (complainant) in the writ petition. In the said application, it is pointed out that a sum of Rs.2,50,000/- has been deposited by the petitioner with the learned Magistrate on 28th August 2007. The said amount has been deposited in terms of order dated 22nd August 2007 passed in criminal writ petition. 3. The learned counsel appearing for the first respondent - complainant on instructions states that if the first respondent is permitted to withdraw the amount of Rs.2,50,000/-, the first respondent is willing to compound the offence. The learned counsel appearing for the petitioner (accused) has no objection. Hence, the writ petition and the criminal application are disposed of by passing the following order :- (1) The first respondent-complainant is : 3 : permitted to withdraw the sum of Rs.2,50,000/- deposited by the petitioner with the learned Magistrate. Withdrawal of the said amount will be permitted on production of an authenticated copy of this order. (2) In view of the statement made by the learned counsel for the first respondent, the offence stands compounded. (3) Hence, the writ petition is allowed in terms of prayer clause (b). (4) Criminal application no.280/2008 is disposed of. (A.S.Oka,J)