1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1412 OF 2008 Mrs.Mrunal Anand Thosar Petitioner versus Jayant Balkrishna Paranjape and another Respondents Mr.M.S.Mhaispurkar i/by Ms.Vaibhavi Mhaispurkar for petitioner. Mr.A.D.Gangal with C.K.Pendse for respondent no.1. Mr.Rajesh More, APP for State. CORAM : RANJIT MORE, J. DATE : 16th December 2011 PC : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The above writ petition arises out of proceedings under section 138 of the Negotiable Instruments Act, 1881. The petitioner was convicted by the learned Metropolitan Magistrate, 13th Court, Dadar, Mumbai and this conviction was confirmed by learned 5th Ad-hoc Sessions Judge, Mumbai vide order dated 8th April 2008. Therefore, the petitioner has filed present writ petition. 3. During pendency of the writ petition, a common application dated 16th December 2011 is filed by the petitioner and respondent no.1 in the above writ petition. They have stated that they have resolved their disputes against each other out of Court and they have decided to compromise and compound the offence. It is stated that the respondent no.1 has agreed to accept Rs.1.25 lakh towards full and final settlement of the dues. Pursuant thereto, a sum of Rs.1.00 lakh and further a sum of 2 Rs.15,000/- has already been deposited by the petitioner by ECS in the savings bank account of respondent no.1 in IDBI Bank, Dadar (W) Branch, Mumbai on 3.6.2011 and in October 2011 respectively. The petitioner has undertaken to pay balance sum of Rs.10,000/- to the respondent no.1 on or before 10th January 2012. 4. Petitioner and respondent no.1 are present in Court. On query they submit that the dispute has been resolved amicably and reiterated what is stated in the application dated 16th December 2011. 5. It can thus be seen that the matter has been amicably settled between the parties. From the perusal of the complaint it would reveal that the allegations are totally personal in nature. There is no element of public law involved in the crime. In view of the facts and circumstances of the matter, a case for compounding the offence under section 138 read with section 147 of the Negotiable Instruments Act read with Section 320(1) of Code of Criminal Procedure is made out. 6. Therefore, I pass following order : (a) Rule is made absolute in terms of prayer clause (b); (b) Permission to compound the offence under section 138 read with section 147 of the Negotiable Instruments Act read with Section 320(1) of Code of Criminal Procedure is granted; (c) The petitioner is directed to pay the balance sum of Rs.10,000/- to the respondent no.1 on or before 10th January 2012. (RANJIT MORE, J.)