1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 51 OF 2010 WITH CRIMINAL APPLICATION NO. 59 OF 2010 Prakash M. Bafna & ors. ........Applicants versus State of Maharashtra & anr.........Respondents. Mrs. Sonali Kochar i/b. Legal Assistance adv. for the applicant. Mr. Manish Baura i/b. A.S. Khan & Asso. adv. for the Respondent no.2. Mrs. R.V. Newton APP for State. CORAM: B. R. GAVAI, J. DATED : 24th February, 2010. P.C.: 1. Leave to add accused no.3 as petitioner no.3. 2. Rule. Rule made returnable forthwith. By consent of parties taken up for final hearing. 3. By the present application, the applicant challenges the order passed by the learned Special Metropolitan Magistrate and Judge, Court of Small Causes, Mumbai dated 8-8-2007 thereby convicting the appellant for the offence under section 138 of Negotiable Instrument Act and the order passed by the Additional Sessions Judge, Greater Mumbai thereby dismissing the appeal filed by the present applicant. 2 3. During the pendency of the present revision, the parties have filed a joint application for taking consent terms on record and for leave to withdraw/compound the offences committed under section 138 read with 141 of the Negotiable Instrument Act. In paragraph 7 of the said joint application, the terms on which the settlement has been arrived at between the parties have been set out. 4. The applicants so also Mr. Riyaz Ali the legal officer who is personally present on behalf of the respondent no.2, re-iterated that the matter has been amicably settled between them on the terms and conditions stipulated in the joint application which is duly signed by them. The joint application is taken on record and marked as `X’ for identification. 5. The dispute being purely personal in nature between the parties, I find that this is a fit case wherein the parties would be permitted to settle the matter between them. Reliance could be placed on the judgment of the Apex Court in case of Madan Mohan Abbot Vs. State of Punjab reported in AIR 2008(4) SCC 582. 6. In that view of the matter the revision application is allowed. Orders passed by the learned Special Metropolitan Magistrate dated 8-8-2007 convicting the accused and the order passed by the learned Sessions Judge dated 4-2-2010 impugned in this application are quashed and set aside. 7. The accused/applicants are acquitted of the offence with which they are charged. The bail bond if any stands canceled. 8. In view of the disposal of the revision, nothing survives 3 in the application No. 59/2010 and the same also stands disposed of. (B.R. Gavai, J.)