IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 247 OF 2008 SHRI. SATISH VAMAN MADKAIKAR THROUGH NEXT FRIEND HIS WIFE ROOPA SATISH MADKAIKAR ... Applicant Versus SHRI. XAVIER D\'SOZUA AND ANR., ... Respondents Mr. Shivan Dessai,Advocate for the applicant. Mr. Marvin D'Souza,Advocate for the respondent No.1. Coram:- A. P. LAVANDE, J. Date:- 7th October, 2008 P.C. 1. Advocate Mr. Shivan Dessai is present on behalf of the applicant, who is presently in jail. The respondent No.1 is present along with his Advocate Mr. M. D'Souza. 2. By this application, the applicant and respondent No.1 seek compounding of offence under section 138 of Negotiable Instruments Act. The applicant was convicted by Judicial Magistrate, First Class, Panaji in Criminal Case No.204/OA/1998-C and sentenced to undergo one year simple imprisonment and to pay compensation of Rs.14,00,000/- within a period of 30 days from the date of passing the order and in default to suffer one year simple imprisonment. The appeal preferred by the applicant to the Sessions Court, was dismissed and Criminal Revision Application No.51/2007 preferred by the applicant has also been dismissed vide judgment and order dated 10.8.2008. The applicant is presently undergoing sentence at Sada jail. 3. The applicant and respondent No.1 have filed terms for compounding the offence duly signed by the applicant and the respondent No.1 and their respective Counsel. Mr.Shivan Dessai, learned Counsel for the applicant states that the parties be permitted the compound the offence. The learned Counsel for the respondent No.1 has no objection. 4. Mr. Dessai, learned Counsel for the applicant placing reliance upon the judgment of Gujrath High Court in Kirpalsingh Pratapsingh Versus Balvinder Kaur Hardipsingh Lobana and another reported in 2004 Criminal Law Journal 3786 submitted that this Court in exercise of the powers under section 482, Cr.P.C. read with Article 226 of Constitution of India, can permit the parties to compound the offence even after revision against the judgment and order of conviction has been dismissed by this Court. 5. Since the parties have settled the dispute and has requested this Court to compound the offence, in view of the judgment of Gujrat High Court in Kirpalsingh's case (supra), I am of the considered opinion that in the interest of justice, the request for compounding the offence should be granted. Accordingly, the parties are permitted to compound the offence under section 138 of Negotiable Instruments Act. Consequently, the conviction and sentence passed by the Judicial Magistrate, First Class, Panaji in Criminal Case No.204/OA/1998-C, which is maintained by the Sessions Court, Panaji in Criminal Appeal No.72/2008 and by this Court in Criminal Revision Application No.51/2007, are quashed and set aside and the applicant is acquitted of the offence punishable under section 138 of Negotiable Instruments Act. 6. The applicant, who is presently in jail, is ordered to be set at liberty, if not required in another case. The application stands disposed of. A. P. LAVANDE, J. SMA