IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 9 OF 2011 MR. GAJANAN VENKATESH TELI, PRESENTLY IN JUDICIAL CUSTODY AT SADA SUB JAIL REP. BY HIS WIFE., ... Petitioner Versus MR. KHIZAR PASHA AND ANR., ... Respondents Mr. Ashwin Bhobe, Advocate for the petitioner. Mr. P. Talaulikar, Advocate for respondent no.1. Mr. C. A. Ferreira, Public Prosecutor for respondent no.2. Coram:- A. P. LAVANDE, J. Date:- 3rd February, 2011 P.C. Heard Mr. Bhobe, learned Counsel for the petitioner, Mr. Talaulikar, learned Counsel for respondent no.1 and Mr. Ferreira, learned Public Prosecutor for respondent no.2. 2. This revision is directed against the judgment and order dated 14th January, 2011 passed by the Assistant Sessions Judge, North Goa, Panaji in Criminal Appeal No.173/2009 dismissing the appeal preferred by the petitioner against the judgment and order dated 30th September, 2009 passed by the learned Judicial Magistrate First Class 'C' Court Mapusa in Criminal Complaint No.235/P/2008/C whereby the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short) and sentenced to undergo simple imprisonment for two months and to pay compensation of Rs.1 Lac to the complainant. 3. The petitioner and the respondent no.1 has filed an application under Section 147 of the Act duly signed by the applicant and respondent no.1 and their respective Advocates seeking leave to compound the offence. The application is taken on record and marked 'x' for identification purpose. Perusal of the consent terms discloses that the petitioner has already paid Rs.1 Lac to respondent no.1 in full and final settlement of amount due in terms of the cheque in respect of which prosecution was launched against the petitioner. 4. In view of the above, permission to compound the offence under Section 138 of the Act is granted. Consequently, the accused stands acquitted. 5. The Apex Court in the case of Damodar Prabhu Vs. Sayed Babalal H; 2010 All MR (Cri) 1967 has laid down guidelines regarding compounding of offence under Section 138 of the Act. In terms of the said guidelines, the application for compounding of the offence before the High Court may be allowed on the condition that the accused pays 15 % of the cheque amount by way of costs in favour the State Legal Services Authority. 6. In view of the said guidelines, compounding of offence under Section 138 of the Act is permitted subject to the petitioner depositing an amount of Rs.11,250/- in favour of the Goa State Legal Services Authority. 7. Presently, the petitioner is in jail pursuant to the order passed by the Assistant Sessions Judge. The petitioner shall be released from jail only after he deposits the costs of Rs.11,250/- in favour of the Goa State Legal Services Authority. 8. The revision application accordingly stands disposed of in aforesaid terms. Parties to act on the copy of this order duly authenticated. A. P. LAVANDE, J. SMA