1 2610.10-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO. 2610 OF 2010 WITH CRIMINAL WRIT PETITION NO. 2613 OF 2010 Maruti Bhagwan Mane. ... Applicant. V/s. Awade Pulp and Paper Mills Pvt.Ltd. & Anr. ... Respondents. Umesh R. Mankapure for the petitioners. Prashant Kulkarni for respondent No.1. A.S.Shitole, APP for the State. CORAM: B.R.GAVAI, J. DATED : 14th June 2011. P.C. : Rule. Rule is made returnable forthwith. Heard by consent of parties. 2. By the present petitions, the petitioners are praying for quashing and setting aside the order passed by the learned Judicial Magistrate, First Class, Ichalkaranji in Summary Criminal Case No. 1420/2002. 3. The respondent had filed criminal complaint for the offence punishable under section 138 of the Negotiable Instruments Act. The learned Magistrate convicted the petitioners. Being aggrieved by the order of the Magistrate, an appeal was preferred by the present petitioners whereas 2 2610.10-wp dissatisfied with the quantum of compensation awarded by the Magistrate revision was preferred by respondent No.1 before the Sessions Court. The appeal was dismissed while revision application of respondent No.1 was partly allowed. Being aggrieved thereby, the petitioner approached this Court by filing revision applications. The said revisions were also dismissed. 4. It is, now, submitted that the matter has been settled between the parties. The respondent No.1 has also filed an affidavit stating therein that the matter has been amicably settled and that the said respondent has consented for compounding the offence. 5. The Kerala High Court in the case of Sabu George S/o. George v. The Home Secretary, reported in 2007 Kerlj 1 – 579, has taken a view that even after the conviction under section 138 is maintained up to this Court and the mater is settled between the parties, this Court under Articles 226 of the Constitution and section 482 of Cr.P.C. can exercise powers to permit such compound. I am in agreement with the view taken by the Kerala High Court. In that view of the matter, rule is made absolute in terms of prayer clause (b). (B.R.GAVAI, J.)