crirev62.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD 907 CRIMINAL REVISION APPLICATION NO. 62 OF 2011 THE PROPRIETOR OF M/S RAJ CYCLES STORES NASHIK .. APPLICANT VERSUS THE PROPRIETOR OF LM/S JAYHIND CYCLE AND MOTOR CO KOPERGAON DIST AHMEDNAGAR AND .. RESPONDENT ... Advocate for applicant : Mrs. Ansari A.N. APP for Respondent(s): Mr. S.D. Kaldate Advocate for Respondent 1 : Mr. A.C. Darandale CORAM : A. V. POTDAR, J. Dated: September 21, 2011 1 This revision is directed against the judgment and order dated 17-3-2011 in Criminal Appeal no. 11/2005 which came to be dismissed. By said judgment, the first appellate court confirmed the order dated 16-7-2005 passed in STC No. 818/1999 by the 3 rd Jt. Judicial Magistrate First Class, Kopargaon. 2 Applicant was convicted for offence under section 138 of the Negotiable Instruments Act and was sentenced to suffer SI for one year. He crirev62.11 2 was also directed to pay compensation to the tune of Rs. 85,000/- under section 357 of the Code of Criminal Procedure, with further direction that in case compensation is paid by the accused, said compensation be paid to the original complainant under section 357(3) of the Code of Criminal Procedure. 3 After this revision was preferred, revision applicant / original accused was released on bail. 4 Today, when the revision application came up for admission, both the parties who are represented through their respective counsel are present before the court and place on record compromise arrived into between them which is duly signed by the respective parties present in the court who are identified by their respective counsel. Deed of compromise is marked ‘X’ for identification. 5 In the light of this, it is urged that by virtue of section 147 of the Negotiable Instruments Act, which permits the parties to compound the offence, as the parties have agreed for amicable settlement in view of the terms of compromise wherein it is stated that the applicant to the revision crirev62.11 3 has paid the entire dues to the respondents and the parties do not intend to prosecute further, the parties be permitted to compound the offence. In the light of this, as the parties have settled the dispute out of the court, revision application ought to be allowed. In view of this, Criminal Revision no. 62/2011 is hereby allowed. Judgment of conviction and sentence passed by both the courts below is hereby quashed and set aside. Revision applicant is acquitted from the offence under section 138 of the Negotiable Instruments Act. His bail bonds stand cancelled. He is set at liberty. Revision application stands disposed of accordingly. ( A. V. POTDAR, J. ) dyb