1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision No. 98/2008 Deepak Tribhuvandas Raichura ..vs.. M/s. Pravinkumar Sharadkumar & Co. and anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. P. S. Patil, Advocate for applicant. Mr. U. N. Vyas, Advocate for non applicant no.1. Mr. D. M. Kale, A.P.P. for non applicant no.2. CORAM:- R. Y. GANOO, J. DATED:- 3 rd AUGUST, 2009. 1. The learned Advocate Mr. Patil for the applicant, Mr. Vyas for non applicant no.1 and Mr. Kale, A.P.P. for non applicant no. 2 stated before this Court that parties herein, complainant and accused, have compromised the matter and want to compound the offence under Section 138 of the Negotiable Instruments Act. A compromise pursis signed by counsel for the applicant as well as counsel for non applicant is filed. Similarly joint pursis is filed signed by applicant and counsel for non applicant. Applicant Deepak Tribhuvandas Raichure and non applicant Mukesh Gopalkisanji Mantri are before the Court. Both the learned Advocates prayed for orders, thereby acquitting accused Deepak of the offence under Section 138 of the Negotiable Instruments Act. Hence, the following order. 2 (i) Offence under Section 138 of the Negotiable Instruments Act is allowed to be compounded. (ii) Judgment and order dated 29.05.2007 passed by Judicial Magistrate First Class, Court no. 6, Amravati in Summary Criminal Case No. 3303/2005 is set aside. Order dated 05.05.2008 passed by learned 5th Ad hoc Additional Sessions Judge, Amravati in Criminal Appeal No. 76/2007 is set aside. Accused Deepak Tribhuvandas Taichure is acquitted of an offence under Section 138 of Negotiable Instruments Act. His bail bonds are cancelled. If he has deposited any amount, the same be repaid to him. (iii) Office of this Court is directed to pay Mukesh Gopalkisanji Mantri, partner of M/s. Pravinkumar Sharadkumar & Company, Amravati a sum of Rs. 21,612/-. Similarly, learned 5th Ad hoc Additional Sessions Judge, Amravati is directed to repay to said Mukesh Gopalkisan Mantri a sum of Rs. 15,000/-, which his lying with him in connection with Criminal Appeal No. 76/2007. Revision stands disposed of accordingly. JUDGE kahale