1 Criminal Application No.4658 of 2011 in Cri.Revision Application No.15 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4658 OF 2011 IN CRIMINAL REVISION APPLICATION NO.15 OF 2011 Charansing Vithalsing Thakur, Age-41 years, Occu-Business, R/o.Thakurgalli, Gangakhed, Dist. Parbhani APPLICANT VERSUS Purushottam Latturamji Chandak, Age-52 years, Occu-Business, R/o.Vakil Colony, Gangakhed, Dis.Parbhani RESPONDENT Mr.S.S.Rathi, learned counsel for the applicant. Mr.P.C.Mayure, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 20/10/2011 PER COURT : 1. Heard learned counsel for the applicant. The applicant/original accused has challenged the order of his conviction for an offence punishable u/s. 138 of The N.I.Act, for which he was sentenced to suffer RI for 2 months and to pay compensation in the sum of Rs. 29,000/- within one month from 01/01/2009 with the default 2 Criminal Application No.4658 of 2011 in Cri.Revision Application No.15 of 2011 stipulation to suffer SI for 2 months in RCC No.166/2000 by the learned J.M.F.C. First Class, Gagankhed, which order was confirmed in Criminal Appeal No.2/2009 by the Additional Sessions Judge, Gangakhed as by judgment and order dated 09/12/2010, the said appeal came to be dismissed. This order of conviction and sentence is challenged in Criminal Revision Appl.No.15/2011 before this Court. 2. While dismissing the criminal appeal, the learned Additional Judge, Gangakhed had directed the appellant/accused to surrender before the Trial Court on 10/01/2011, failing which, the Trial Court was directed to execute the warrant of arrest in accordance of Law after 10/01/2011. It appears that neither the appellant was surrendered before the Trial Court nor the Trial Court have taken any steps as per the directions issued by the First Appellate Court. This Court has taken a note of this fact in the order dated 10/10/2011 and gave directions to the learned Trial Court to execute the warrant of arrest as per the directions issued dated 09/12/2010 and to submit the report to this Court. Accordingly, report was received by this Court on 14/10/2011 wherein it is mentioned that the warrant was executed on 14/10/2011 and the appellant/accused is taken in custody. 3. Today, the present application is moved before this Court by the learned counsel appearing for the applicant/original accused and 3 Criminal Application No.4658 of 2011 in Cri.Revision Application No.15 of 2011 the learned counsel for respondent, seeking leave of this Court to grant permission to compound the offence and for release of the applicant/accused as the parties have settled the matter out of Court. This application is signed by the learned counsel for applicant, so also by the learned counsel for respondent. As the parties have settled the dispute out of Court and the due payment of the dishonoured cheque is received by the respondent, leave granted to compound the offence. Accordingly, application is allowed in terms of prayer clause A & B and stands disposed of. (A.V.POTDAR, J.) khs/OCT.2011/cri.appl.4658-11