1 ndm 5 appr.121.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 121 OF 2010 IN CRIMINAL REVISION APPLICATION NO. 586 OF 2009 Ashok C. Mehta. ... APPLICANT Vs. K.S. Abdul Sattaar and anr. ... RESPONDENTS -------- Mr. B.M. Shaikh for Applicant. Mrs. A.T. Jhaveri, APP for State. -------- CORAM : B.R. GAVAI, J. DATE : 21 st April, 2010. P.C. 1 Rule made returnable forthwith. Heard by consent. 2 By way of present application, the Applicant seeks compounding of the offence punishable under Section 138 of the Negotiable Instruments Act. 3 The Respondent-complainant had filed proceedings under Section 138 of the Negotiable Instruments Act. The learned Magistrate 2 vide order dated 20 th March, 2006 had convicted the Applicant for the said offence and sentenced him to suffer SI for two months and was further directed to pay compensation of amount of Rs.2,00,000/- and in default to suffer RI for six months. The said order was confirmed by the learned Sessions Judge vide order dated 27 th August, 2009. 4 Being aggrieved thereby, the Applicant had preferred revision before this Court. However, it appears, since the Applicant failed to complied with the directions to deposit the amount, the said revision came to be dismissed. 5 It now appears that the matter has been amicably settled between the parties. The Respondent-complainant has withdrawn an amount of Rs.75,000/-, which was deposited in the trial Court. The complainant is personally present in this Court and identified by Mr. B.M. Shaikh, the learned counsel appearing on behalf of the Applicant. The complainant states that he has received the balance amount of Rs. 1,25,000/- and he has no grievance subsisting against the Applicant. 6 Since the proceedings arises out of the offence punishable under Section 138 of the Negotiable Instruments Act and since parties have amicably settled the dispute between them, I am of the view that this is the fit case to exercise jurisdiction under Section 482 of the Criminal Procedure Code to give an end to the criminal litigation between 3 the parties. 7 The complainant has also filed an affidavit stating therein that the matter has been amicably settled between the parties. 8 Accordingly, the order of conviction and sentence passed by the learned trial Court and confirmed by the Appellate Court are quashed and set aside. The accused is directed to be set at liberty forthwith, if not required in any other offence. [ B.R. GAVAI, J ]