2. cr revn 451-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 451 OF 2009 Yusuf Abdulla Parkar .. Applicant Vs Janata Sahakari Bank Ltd & Anr .. Respondents Mr. R.S. Darandale i/b Mr. R.S. Datar for the Applicant Ms. Pallavi Dedhia i/b M/s. Sanjay Udeshi & Co for Respondent No. 1 Mr. S.A. Shaikh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 29th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the applicant-original accused, learned advocate for respondent no. 1 Bank-original complainant and learned APP. Applicant and authorized representative of respondent bank is present. 2. The applicant states that earlier he had engaged Advocate Deepak Churi, however, thereafter the matter came to be dismissed for default. Hence, he cancelled the V.P. filed by Advocate Deepak Churi and he has now appointed Advocate R.S. Datar to represent him. Mr. Datar undertakes to file his VP within the course of the day. Undertaking is accepted. 1 2. cr revn 451-09.doc 3. By judgment and order dated 19th April 2006 in C.C. NO. 108 of 2004, the learned JMFC, Chiplun convicted the applicant under Section 138 of Negotiable Instruments Act. Being aggrieved by the said judgment and order, he preferred Cri. Appeal No. 12 of 2006. By judgment and order dated 19th September 2008, the learned Additional Sessions Judge, Khed dismissed the said appeal. Being aggrieved thereby the applicant has preferred this Revision. 4. Learned advocate for respondent no. 1 states that the matter has been amicably settled between the parties and hence, offence can be compounded and the applicant be acquitted. The authorized representative of respondent bank also states that the matter has been amicably settled between the parties, hence the offence be compounded and the applicant be acquitted. He has also filed affidavit stating therein that the respondent Bank has no objection to compound offence and acquit the applicant. Said affidavit is taken on record and marked "X" for identification. 5 In view of the amicable settlement, the prayer for compounding is allowed and the conviction of the applicant under Section 138 of the Negotiable Instruments Act is set aside and the applicant is acquitted of the offence under Section 138 of the Negotiable Instruments Act. 2 2. cr revn 451-09.doc 6. Application disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 3