1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL REVISION APPLICATION NO. 130/2010 (Shrikrushna Tansukhdas Chandak .vs. Haribhau Keshaorao Nikam ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Suresh Dhole, Advocate for Applicant. Mr. Y.B. Sonkusare, Advocate for Respondent. .......... CORAM : P.D. KODE, J. DATED : SEPTEMBER 02, 2010 Heard. Admit. Mr. Y.B. Sonkusare, learned counsel appears for respondent by waiving notice. Criminal Application (APPR) No. 195/2010 Heard. By the present application preferred under Section 147 of the Negotiable Instruments Act, the revision applicant/original accused in Summary Criminal Case No. 388 of 2004 of the Court of Judicial Magistrate First Class, Narkhed has prayed for according the permission for compounding the offence under Section 138 of the Negotiable Instruments Act (for short “the 2 Act”) for which he was convicted and sentenced by the trial Court by judgment and order dated 15.4.2008 and the one which was confirmed by 4th Additional Sessions Judge, Nagpur in Criminal Appeal No. 118 of 2008 vide judgment and order dated 3.5.2010. It is the sum and substance of the application that the offence for which the applicant was convicted has been compromised between himself and the original complainant i.e. the respondent in this application and the applicant is entitled for reliefs as prayed for in view of the guidelines by the Apex Court in the case of Damodar S. Prabhu .vs. Sayed Babalal H. reported in (2010) 5 Supreme Court Cases 663. The respondent vide affidavit-in-reply has admitted correctness of such matters stated in the application. The parties which are present before the Court state that they have settled the matter upon the applicant paying Rs.75,000/- to the respondent in full and final settlement of the liability for which the cheque was issued by the applicant. The parties also admit their respective signatures upon the application and reply filed to the application. The learned counsel for the applicant states that he has already deposited Rs.35,000/- in the Court of Session and he would be paying the balance amount within two weeks from the date of this order in the Court of Session. He has also submitted that in terms of the guidelines given by the Apex Court, applicant will be also depositing Rs.6111/- by way of costs. Having regard to the aforesaid and the offence in question having taken place on 19.6.2004 i.e. after coming into force the provisions of Section 147 of 3 the Act which was inserted by an amendment effected to the principal Act in the year 2003, the permission as sought deserves to be accorded subject to the applicant making the compliances as submitted. The same deserves to be accorded as apparently there is no impediment for refusing the said permission. The application is allowed subject to making the compliances as aforestated. The parties are permitted to compound the offence under Section 138 of the Negotiable Instruments Act for which the applicant has been convicted as narrated hereabove. As a result thereof, the order of conviction and sentence passed by the trial Court and confirmed by the appellate Court is hereby quashed and set aside. Consequently the applicant is acquitted for commission of such offence. Liberty to the respondent to apply for withdrawal of the said amount after the compliances as stated above. The amount of Rs.6111/- to be deposited by the applicant be paid to the High Court Legal Services Sub Committee, Nagpur. The Application (APPR) No. 195 of 2010 so also the Revision Application No. 130/2010 stand disposed of in the aforesaid terms. In view of disposal of revision application, Criminal Application (APPR) No. 188 of 2010 also stands disposed of. JUDGE halwai