1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 238 /2010 IN criminal revision application no.154/2010 (Dattatraya Sitaram Ambatkar vs. Anant Credit Coperative Society Ltd. and another) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : R.G.KETKAR, J. DATED : 28th September, 2010. Heard Mr. Anil Laddhad, learned counsel holding for Mr. R.T. Anthony, learned counsel for applicant/petitioner; Mr H P Lingayat, for Respondent No.1 and Mr S S Doiphode, learned APP for Respondent no.2. 2. This application is seeking permission to compound the case as also for quashing and setting aside the order dated 4th August, 2007 passed by learned Judicial Magistrate, First Class in Criminal Complaint Case No. 3734/2005; as also the order dated 13.1.2009 passed by the learned Ad-hoc Additional Sessions Judge-5 Nagpur (below Exh.1) in Criminal Appeal No.214/2007. 3. Respondent No.1 herein, lodged the Complaint against the petitioner under section 138 of the Negotiable Instruments Act, 1881 ( for short “the Act of 1881”). By order dated 4th August, 2007, the learned Magistrate convicted the applicant/petitioner and sentenced him for 2 one month’s simple imprisonment and further ordered payment of fine of Rs. 40,000/- and, in default, to undergo 15 days’ simple imprisonment. Against this order, the petitioner preferred Criminal Appeal No. 214/2007. By order dated 13.1.2009, the Appeal was dismissed in default. It is against these two orders, the petitioner had filed above Criminal Revision Application. Pending this Revision the petitioner has deposited the entire outstanding amount. Accordingly, the respondent No.1- Anant Credit Cooperative Society Limited has filed a Pursis dated 24th September, 2010 setting out no objection for compounding the case. 4. Learned APP has also fairly stated that the State has no serious objection in view of the provisions of Section 147 of the said Act. 5. Considering the controversy between the parties and having regard to the fact that the complainant has filed pursis on 24th September, 2010 setting out therein that petitioner has already deposited the entire outstanding amount and that there are ‘no dues’ to the society, in my opinion, the application deserves to be allowed. Application is accordingly allowed in terms of Prayer clause (i) and disposed of. Criminal Revision No. 154/2010 In view of the order passed above in Criminal Application No. 238/2010, nothing survives in the instant 3 Revision. The same is also disposed of. JUDGE sahare