1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.12/2010. Shaikh Rauf s/o Shaikh Abbas Applicant. V E R S U S Shaikh Husnoddin s/o Sk. Tajoddin. Respondent. ........................................................................................................... Mr.B.S.Bharuka, Advocate for applicant. Mr.S.S.Mundhe h/f S.P.Brahme, Advocate for the respondent. ........................................................................................................... CORAM : SHRIHARI P. DAVARE, J. DATE : 4th JULY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. Present criminal revision application has been filed by the petitioner/original accused challenging the conviction and sentence imposed upon him by way of judgment and order dated 27.2.2009 rendered by learned Judicial Magistrate First Class, Court No.2, Aurangabad in SCC No.9018/2006 thereby convicting him for the offence punishable under section 138 of Negotiable Instruments 2 Act and sentencing him to suffer S.I. for eight months and to pay fine of Rs.25,000/- in default to suffer further SI for two months and also directing that after realization of the said fine amount, amount of Rs. 25,000/- be given to the complainant under section 357 (1) of Cr.P.C. and also challenging the judgment and order dated 13.1.2010 rendered by Additional Sessions Judge-I Aurangabad in Criminal Appeal No.4/2009 thereby dismissing the said appeal preferred by the applicant herein. 3. Petitioner and respondent present in the Court and tendered deed of compromise. Perused the same which bears signatures of applicant and respondent as well as their respective advocates thereon. Moreover, said deed of compromise has been annexed with the verification of the petitioner as well as respondent. Petitioner and respondent admit the contents and their respective signatures thereon. According to said deed of compromise, the parties have settled the matter out of Court. Said deed of compromise recites that respondent has received amount of Rs. 70,000/- from the petitioner towards disputed cheque for which the 3 complaint was filed against the petitioner. NO dispute remains against the petitioner and matter is finally decided against the petitioner. Moreover, parties have agreed to bear their own costs and in view of compromise and settlement between the parties they prayed that it be recorded and petitioner/accused be acquitted under section 138 of Negotiable Instruments Act. Said deed of compromise is taken on record and marked as document ‘X’ for identification. The offence under section 138 of N.I.Act is compoundable in accordance with section 147 of the said Act. 4. Hence, in the light of aforesaid deed of compromise and in view of section 147 of Negotiable Instruments Act, offence under section 138 of Negotiable Instruments Act in the present matter stands compounded and judgment and order of conviction and sentence dated 27.2.2009 rendered by learned Judicial Magistrate First Class, Aurangabad in SCC No.9018/2006 as well as judgment and order of First Appellate Court dated 13.1.2010 rendered in Criminal Appeal No.45/2009 stands quashed and set aside and petitioner/accused stands acquitted for the offence 4 punishable under section 138 of Negotiable Instruments Act and present criminal revision application stands disposed of accordingly. [ SHRIHARI P. DAVARE ] JUDGE ... AAA/12.10