1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.3349 OF 2009 Sandeep M. Gothani ...Appellant. v. Dhaval B. Shah & Ors. ...Respondents. Mr.Ashutosh Khandeparkar, adv. For the Appellant. Mr.Venkatkrishna i/by M/s. Kunduru and Kunduru, adv. For the Respondent Nos.1 and 2. Smt. V.R.Bhosale, APP for the Respondent No.3/State. CORAM : J.H. BHATIA, J. DATED : JUNE 23, 2010 P.C. 1 Heard the learned counsel for the parties. The respondent no.2 is the owner of Setilating Jewellery and the respondent no.1 Dhawal B. Shah is working as a General Manager Marketing of the same establishment. Appellant was also in employment of the respondent no.2. Respondent no.1 lodged the report with D.B.Marg Police Station on 31.1.2009 against the petitioner for the offences punishable under Sections 408 and 420 of the I.P.C. After investigation, charge-sheet was filed on 8.8.2009. Parties filed an application before the learned Magistrate seeking permission to compound the offences. That application was opposed by the learned APP on the ground that the 2 offences were not compoundable. The learned Metropolitan Magistrate also rejected the application on the ground that the offence under Section 408 is not compoundable and, therefore, the application was rejected. That order was challenged in the present petition. It appears that the table under Section 320 Cr.P.C. has been amended by the Code of Criminal Procedure Amendment 2008 with effect from 31.12.2009. After the said amendment, offence under Section 408 is compoundable by the owner of the property in respect of which offence has been committed. Similarly, the offence under Section 420 is also compoundable by the person, who is cheated. In view of the said amendment, which came into force after the impugned order was passed, now both the offences are compoundable. Therefore, following order will meet the ends of justice: i In view of the amendment in the Table under Section 320 Cr.P.C. with effect from 31.12.2009, offences under Sections 408 and 420 of the I.P.C. being compoundable, the learned Magistrate shall allow the parties to compound the said offences . 2 Petition stands disposed off accordingly. (J.H. BHATIA,J.)