1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No. 123 of 2009 In Criminal Revision Application No. 111 of 2009 ( Keshav s/o Motiram Datarkar ..vs.. Madhukar s/o Sambha Saosakde and another ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Agrawal, Advocate h/f Mr. A.M. Ghare, Advocate for the applicant, Mr. N.A. Ingale, Advocate h/f Mr. S.V. Sirpurkar, Advocate for non- applicant No.1. CORAM: S. S. SHINDE, J. DATED : 10 th DECEMBER, 2009 1. This application is filed by the non-applicant No.1, who is original complainant for compounding of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. In para 2 of the said application, it is stated that the applicant, who is original non-applicant No.1 has already compromised the matter with the original accused on 7-12-2009. By virtue of the compromise the original accused has settled all the claims of the present applicant i.e. original complainant by cheque due as on date. The non-applicant/original complainant does not wish to prosecute the instant matter. 2. In view of the contents of the application, more particularly 2 para 2, the application is allowed and disposed of. Criminal Revision Application No. 111/2009. 1. This Court has passed an order in Criminal Application No. 123/2009. In the said application by which the prayer to compromise/compound the instant matter is allowed. 2. In view of the order passed in the Criminal Application No. 123 of 2009 and since the parties have compromised the matter and further the original complainant through his Advocate prayed that, in view of the compromise and settlement between the parties, the judgment and order dated 20th April, 2006 passed by the Judicial Magistrate First Class, Warora in Summari Criminal Case No.884/2004 convicting the applicant to suffer R.I. for one year and to pay a fine of Rs.5,000/- and in default to suffer further R.I. for two months and judgment and order dated 27th May, 2009 passed by the Additional Sessions Judge in Criminal Appeal No.17/2008 (Old No.44/2006) deserves to be set aside and accordingly the impugned judgments and orders are quashed and set aside in view of the settlement between the parties and in view of the order passed in Criminal Application No.123/2009, the Criminal Revision Application No.111/2009 is also disposed of. 3 3. Rule is made absolute in above terms. 4. In view of the disposal of the main revision application, if any, miscellaneous applications are pending stands disposed of. JUDGE adgokar