1 Cri.Revn.Appln. No.244/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.244 OF 2011 Bagatsingh s/o Narsing Pawar ... APPLICANT VERSUS Babulal Amarsing Patil & anr. ... RESPONDENTS ..... Shri P.R. Patil, Advocate holding for Shri Ujjawal S. Patil, Advocate for the applicant Shri A.P. Pardeshi, Advocate for respondent No.1. Shri G.R. Ingole, A.P.P. for respondent No.2. ..... CORAM : U.D. SALVI, J. DATED : 15th November, 2011. PER COURT : 1. Heard. Perused revision application and the annexures thereto. With reference to Section 386 of the Code of Criminal Procedure, 1973, it is pointed out that, the learned District & Sessions Judge, Jalgaon, at Jalgaon could not have allowed the withdrawal of the appeal – being Criminal Appeal No.91/2004 preferred by the applicant/ accused against his conviction under Section 138 of the Negotiable Instruments Act in Criminal Case No. 225/2000, passed by the learned Judicial Magistrate, First Class, 2 Cri.Revn.Appln. No.244/2011 Chalisgaon, and ought to have acquitted the appellant/ accused following settlement or compounding of the offence between the parties vide purshis dated 4.8.2011 (Exhibit 19) in accordance with Section 147 of the Negotiable Instruments Act, 1881. Reading of the provisions referred to by the applicant in conjunction with the judgment : State of M.P. Vs. Mooratsingh and others (1975 CRI.L.J. 989), makes it clear that the learned Sessions Judge, Jalgaon erred in allowing the withdrawal of the appeal and upholding the order of conviction and sentence awarded by the lower Court regardless of the purshis (Exhibit 19). Hence the order: 2. Order dated 3.11.2011, passed below Exhibit 1 in Criminal Appeal No.91/2004, by the learned Additional Sessions Judge, Jalgaon is set aside and the matter is remanded to the appellate Court for disposal of the appeal in light of the compromise between the parties vide purshis (Exhibit 19), dated 4.8.2011. 3. Parties shall appear before the learned Additional Sessions Judge, Jalgaon on 18th November 2011. The applicant/ accused shall be released from the prison forthwith with direction to 3 Cri.Revn.Appln. No.244/2011 appear before the learned Additional Sessions Judge, Jalgaon on 18th November 2011. 4. Revision Application stands disposed off accordingly. 5. Parties to act on authenticated copy of this order. ( U.D. SALVI, J. ) fmp/crra244.11