1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2802/2009 In Criminal Revision No.68 of 2009. Sanjay Bhargav .V/s. Kishor Barde +1. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. S.G. Loney, counsel for applicant. Mr. Kale, A.P.P. for State. Mr. Nilesh Raut for respondent No.2. CORAM:- R. Y. GANOO, J. DATED:- 28 th JULY, 2009. The complaint came to be filed under section 138 of the Negotiable Instruments Act. Petitioner as well as respondent no.1 have settled the matter and application is made for compounding. In view of above, permission to compound the matter is granted and following order is passed. a. The judgment and order Dt.18th of December 2007 passed by Judicial Magistrate, First Class, 6th Court and Special Court for 138 at Amravati is set aside. Similarly, order passed by learned 2nd Additional Sessions Judge, Amravati Dt.19th March 2009 in Criminal Appeal No.8 of 2008 is set aside. b. Petitioner Sanjay is acquitted of charge under section 138 of the Negotiable Instruments Act. c. His bail bond stands cancelled. d. Respondent no.1 i.e. Kishor Barde is permitted to withdraw a sum of Rs.30,000/-, presently lying in the court of 2nd Additional 2 Sessions Judge at Amravati as 50 % of the cheque amount has already been received by Kishor Barde. e. In view of above, Criminal Revision No.68 of 2009 is disposed of. Criminal Application No.1158 0f 2009 and Criminal Application No.1159 of 2009 are disposed of in view of the disposal of the criminal revision. JUDGE nvt.