IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 369 OF 2009 Shivkumar Singh Thakur ..... ..... ...Applicant. V/s Eknath Rakhama Kushare & Anr. ..... ... Respondents. Mr.S.S.Mishra, Adv. for the applicant. Ms.Jayashri Akolkar, Adv. for the respondent No.1. Mr.S.R.Shinde, APP for the State. CORAM: B.R.GAVAI, J. 3rd March, 2010. PC: Rule. Rule made returnable forthwith. By consent of parties matter is taken up for final hearing 2. The petitioner challenges the order passed by the learned Judicial Magistrate, First Class, Pimpalgaon in Summary Case No. 609/01 thereby convicting the applicant for the offence punishable under section 138 of Negotiable Instrument Act, 1881, and sentencing him to suffer simple imprisonment for a period of three month and to pay compensation of Rs. 20,000/- and the order passed by the learned Ad-hoc Additional Sessions Judge dated 5.5.09 thereby dismissing the appeal filed by the present petitioner. During the pendency of the present revision application matter has been amicably settled between the parties. It is agreed that in addition to the compensation of Rs.67000/- the petitioner shall pay additional compensation of Rs.10,000/- to the respondent- complainant. Accordingly an amount of Rs.10,000/- is already 1 deposited in this Court. The petitioner has already deposited Rs. 60,000/- in the trial Court. Petitioner undertakes to deposit Rs. 7000/- within a period of two weeks in the trial Court. 3. The present proceedings arise from a dispute relating to dishonour of cheque. The dispute between the parties is purely personal in nature. I therefore find that the present case is fit case to be decided in order to put an end to the litigation. 4. In that view of the matter the order of conviction and sentence recorded by the learned Magistrate and the order passed by the Ad-hoc Additional Sessions Judge is quashed and set aside. The accused is acquitted of the offence charged with. The respondent-complainant is granted liberty to withdraw the amount of Rs.67000/- deposited in this Court/trial Court. It is directed that the amount deposited in this Court be paid to the respondent- complainant by demand draft payable in the name of the complainant which may be handed over to the learned counsel for the complainant. Revision application stands disposed of. 3.3.2010. 2