1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.354 OF 2008 Shri Girdhar Fatechand Thakur : Petitioner V/s. Miss Minal Damji Shah & Anr. : Respondents .... Mr.N.U. Khan for the petitioner. Mr.P.N.Vira for respondent no.1. Mr.D.R.More, Addl. Public Prosecutor for the State. .... CORAM : S.A. BOBDE, J. DATE : AUGUST 31, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. The petitioner has challenged the order of the Sessions Court in revision confirming his conviction under section 138 of the Negotiable Instruments Act. It is, however, common ground that thereafter the matter is settled amicably between the parties and Consent Terms have also been filed in a Summary Suit, being Summary Suit No.391 of 2008. This 2 Court has disposed of the suit in accordance with the Consent Terms on 29.6.2009. Since the matter has been settled, the parties seek quashing of the conviction and the order of the Sessions Court. In view of the undisputed position that the matter has been settled between the parties and the fact that the dispute is in the nature of a private dispute not affecting the society at large, having regard to the law laid down by the Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Manoj Sharma v. State & Ors. (MANU/SC/8122/2008 = 2008 (4) KLT 417 (SC), I consider it appropriate, in the interest of justice, to grant the joint prayer and set aside the impugned order and the conviction. The respondent no.1 shall be at liberty to withdraw the amount deposited by the petitioner in this Court as well as in the lower Court. Order accordingly. 3. Rule is made absolute in the above terms. S.A. BOBDE, J.