1 5173.11 Cri.Appln. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5173 OF 2011 ( Pandit S/o Narhari Vedpathak V. Naseem Begum W/o Ibrahim Shaikh & anr. ) with CRIMINAL APPLICATION NO. 5174 OF 2011 with CRIMINAL REVISION APPLICATION NO. 206 OF 2009 Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri A.J. Deshpande, Advocate holding for Shri V.D. Gunale, Advocate for petitioner Shri S.V. Gundale, Advocate for respondent No. 1 Shri N.H. Borade, APP for respondent /State ..... CORAM : U.D. SALVI, J. DATED : 30 th November, 2011. 1. Heard. Perused. 2. On 25-11-2011 the parties appeared and had presented before this Court the applications for compounding the offence. They have admitted that the applications have been moved voluntarily and with complete understanding of the consequences. 3. Section 147 of the Negotiable Instrument Act, 2 5173.11 Cri.Appln. 1881, permits compounding of the offence. Present Revision application has been admitted. Parties have shown their readiness and willingness to compounding of the offence. In view of the specific provision of law permitting the compounding of the said offence permission is not necessary and accordingly Criminal Application No. 5173/2011 stands disposed off. 4. It is pointed out that the applicant/ accused needs to be saddled with cost of 15% of the cheque amount, as the compounding is made before this Court in revision, as per the directions of the Hon’ble Apex Court in Criminal Appeal No. 963/2010; Damodar S. Prabhu V. Sayed Babalal H. In view of the afore said directions of the Apex Court Criminal Revision Application No. 5174/2011 is allowed and the impugned order dated 07-07-2007 convicting the applicant/accused in S.T.C.C. No. 2292/2005 passed by the 3rd Judicial Magistrate, First Class, Latur is set aside and the applicant/ accused is acquitted subject to the applicant/ accused paying Rs. 6750/- (Rs. Six thousand seven hundred fifty only) being 15% of the cheque amount – Rs. 45,000/-, by way of cost and depositing the same in State Legal Services 3 5173.11 Cri.Appln. Authority on or before 21-12-2011. 5. If, the said amount is not deposited with the State Legal Services authority in time, there shall be no compounding of offence under section 138 of Negotiable Instruments Act, 1881 and the Revision shall be listed for hearing and the stay to the arrest warrant shall automatically get vacated. The applicant/ accused shall produce the receipt showing deposit of the said amount before the State Legal Services Authority on or bfore 21-12-2011. 6. Criminal Application No. 5174/2011 stands disposed of accordingly. 7. Criminal Revision No. 206/2009 be listed for directions on 22-12-2011. ( U.D. SALVI, J. ) SDM*