{1} Cri. Revision No.203/2010 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.203 OF 2011 Mohammad Harun Mukhtyar Ahamad APPLICANT Age-52 years, R/o Agwali Chawl, Near Police Chowki, Bhusawal Dist-Jalgaon VERSUS 1. Kapurchand Kotecha Urban Coop RESPONDENTS Credit Society Ltd., Bhusawal, 2. The State of Maharashtra ....... Ms.Quazi Sadaf Sultana, Advocate for the applicant Mr.S.D.Kaldate, APP for respondent State Mrs.Rashmi S.Kulkarni, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 8 th September 2011 ORAL JUDGMENT: 1. Rule. Rule made returnable forthwith. By consent of the parties, this criminal revision application is heard finally at the stage of admission. 2. The present revision is directed against the order of {2} Cri. Revision No.203/2010 dismissal of Criminal Appeal No.4/2006 by Additional Sessions Judge, Jalgaon vide judgment and order dated 21.07.2011. The said appeal was preferred by the applicant against the judgment of conviction dated 08.12.2005 rendered in SCC No.2404/2001. By the judgment dated 08.12.2005, the trial court had convicted the applicant u/s 138 of the Negotiable Instruments Act and sentenced him to suffer SI for 6 months and to pay a fine of Rs.5000/- with default stipulation. The trial court has further directed that if the fine amount is deposited by the applicant, an amount of Rs.3000/- out of the same, be paid to the complainant by way of compensation. 3. By virtue of section 147 of the Negotiable Instruments Act, the offence punishable u/s 138 of the Act is now made compoundable. Today, vide order passed in Criminal Application No.3882/2011, the parties are allowed to compound the offence. A letter is placed on record, issued by the Manager of respondent No. 1, which indicates that the applicant has paid all the dues of the complainant bank and the bank has also issued No Dues Certificate in favour of the applicant. In the premise, now the complainant bank is not interested in further prosecuting the applicant. 4. As the parties have settled the matter out of the Court and in view of Section 147 of the NI Act, the offence punishable u/s 138 of the Act, is compoundable, the Revision Application is {3} Cri. Revision No.203/2010 allowed. The order of conviction, recorded by both the courts below and impugned in the present Criminal Revision application is hereby quashed and set aside. Rule is made absolute as indicated above. [A.V.POTDAR, J.] drp/B11/crirevm203-11 {4} Cri. Revision No.203/2010 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3882 OF 2011 IN CRIMINAL REVISION APPLICATION NO.203 OF 2011 Mohammad Harun Mukhtyar Ahamad APPLICANT VERSUS Kapurchand Kotecha Urban Coop Credit Society Ltd., & Another RESPONDENTS ....... Ms.Quazi Sadaf Sultana, Advocate for the applicant Mr.S.D.Kaldate, APP for respondent State Mrs.Rashmi S.Kulkarni, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 8 th September 2011 PER COURT: 1. Heard. Notice. Mrs.Kulkarni, learned counsel, accepts notice for respondent No.1 and learned APP accepts for respondent No.2. 2. By this application the applicant has prayed to quash and set aside his conviction, by allowing the parties to compound the offence. Heard. For the reasons stated in the application, the present criminal application is allowed in terms of prayer clause “A” and stands disposed of. [A.V.POTDAR, J.] drp/B11/crirevm203-11 {5} Cri. Revision No.203/2010 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3823 OF 2011 IN CRIMINAL REVISION APPLICATION NO.203 OF 2011 Mohammad Harun Mukhtyar Ahamad APPLICANT VERSUS Kapurchand Kotecha Urban Coop Credit Society Ltd., & Another RESPONDENTS ....... Ms.Quazi Sadaf Sultana, Advocate for the applicant Mr.S.D.Kaldate, APP for respondent State Mrs.Rashmi S.Kulkarni, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 8 th September 2011 PER COURT: 1. Heard. Notice. Mrs.Kulkarni, learned counsel, accepts notice for respondent No.1 and learned APP accepts for respondent No.2. 2. By this application the applicant has prayed to recall the order of issuance of non bailable warrant dated 21.07.2011 passed by Sessions Judge, Jalgaon. The applicant is present in the Court. The warrant is yet to be executed. For the reasons stated in {6} Cri. Revision No.203/2010 the application and in view of the fact that original complainant has no objection, the order of issuance of non bailable warrant dated 21.07.2011 passed by Sessions Judge, Jalgaon, is hereby recalled. Accordingly, the application is allowed and disposed of. [A.V.POTDAR, J.] drp/B11/crirevm203-11 {7} Cri. Revision No.203/2010