1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO. 174/2007 Naresh Shriram Yelmanchi ...vs... Sawan Baldeoraj Sahani -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 1 st July, 2008 1. Heard Mr. Ukey, learned counsel for the applicant and Mr. Dangre, learned counsel for non applicant. 2. The revision arises out of the order convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, which came to be passed by the Judicial Magistrate First Class, Special Court, Nagpur and confirmed by Ad hoc District Judge 5 and Sessions Judge, Nagpur in Criminal Appeal No. 120/2007. 3. The applicant and the non applicant have filed joint application being Criminal Application No. 1559/2008 under Sec. 320 of the Code of Criminal Procedure for compounding of offence. The application is signed by the learned counsel for the respective parties and supported by 2 the affidavits of the applicant and non applicant. The parties to the revision have settled their dispute amicably in terms of para (a) of the application and, therefore, prays for compounding of the offence under Sec.138 of the Negotiable Instruments Act. The parties pray that the revision be disposed of in terms of para 1 (a) of the application. 4. In para 1 (a), it is stated that the applicant has given a sum of Rs.1,27,500/- in cash to the non applicant which sum the non applicant acknowledges to have received. In addition to this, the non applicant is also given liberty to withdraw an amount of Rs. 1,10,000/- already deposited by the applicant in the Court of Judicial Magistrate First Class, Special Court, Nagpur and in the Court of Ad hoc District Judge- III and Addl. Sessions Judge, Nagpur. 5. In view of above, I disposed of the revision and writ application by passing following order. i) The parties to the revision are allowed to compound the offence under Sec.138 of the Negotiable 3 Instruments Act, consequently the impugned orders passed by Judicial Magistrate First Class, Special Court, Nagpur dated 26/04/2006 and Ad hoc District Judge 5 & A. S. J. Nagpur dated 10.07.2007 are hereby quashed and set aside. The applicant is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. ii) The revision application is disposed of in terms of para 1 (a) of the Criminal Application No.1559/2008. The Criminal Application No.1559/2008 shall form part of this order. JUDGE kahale