1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. /2009 in Criminal Application No. 2996/2009 Kishor Rambhau Yerpude ..vs.. Ajay Pandurang Wadyalkar --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. R. W. Joshi, Advocate with Mr. A.A. Naik, Advocate for applicant. Mr. H. V. Tahkur, Advocate for non applicant. CORAM:- R. Y. GANOO, J. DATED:- 3 rd AUGUST, 2009. 1. Heard. 2. Joint application for compounding of an offence punishable under Section 138 of the Negotiable Instruments Act is tendered in Court today. It is signed by counsel for the applicant and counsel for the non applicant. The non applicant is present in the Court. Applicant is in jail, hence, he has not signed this application for compounding. Counsel for the applicant has instructions to apply for compounding. 3. Non applicant, through his Advocate, states before this Court that the case is compounded and non applicant has no objection, if the case is compounded. Accordingly, following order is passed. 2 (i) Permission to compound the offence under Section 138 of the Negotiable Instruments Act, concerning the Summary Criminal Case No. 650/2001 decided by learned 5th Jt. Civil Judge Jr. Dn. & Judicial Magistrate First Class and Special Court, under Section 138, is granted. Accordingly, judgment and order dated 08.03.2006 passed by 5th Jt. C.J.J.J.D. & J.M.F.C. and Special Court under Section 138, in Summary Criminal Case No. 650/2001 is set aside. Similarly, judgment and order dated 31.07.2009 passed by learned District Judge-1 and Additional District Judge, Nagpur in Criminal Appeal No. 78/2006 is set aside. (ii) Accused/applicant is acquitted of an offence under Section 138 of the Negotiable Instruments Act. (iii) The Court is informed that as of today the applicant/accused-Kishor Rambhau Yerpude is in Central Jail, Nagpur. On account of compounding of offence under Section 138 of the Negotiable Instruments Act as aforesaid, he be set at liberty, if he is not required in any other case. 3 (iv) Office to hand over packet containing writ of this order to the learned Advocate Mr. A. A. Naik or his associate Advocate for delivering it to the concerned Jail, where the applicant-accused Kishor Rambhau Yerpude is detained. The Criminal application No. 2996/2009 stands disposed of accordingly. Criminal Application No. 4/2009 The present application for grant of bail stands disposed of in view of disposal of main criminal application. JUDGE kahale