1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 885 of 2009 in Criminal Revision Application No. 220 of 2004 (R.M. Rewade .vs. Rajesh V. Jaiswal. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.D. Khati, Advocate for Applicant. Mr. A.M. Jaiswal, Advocate for Respondent. .......... CORAM : P.D. KODE, J. DATED : JUNE 30, 2009 Heard. By the present application, the applicant/accused in Criminal Complaint No.192/2001 convicted and sentenced by JMFC Court No.26, Nagpur for commission of offence punishable under Section 138 of the Negotiable Instrument Act and sentenced to suffer simple imprisonment for 3 months and to pay a fine of Rs.3000/- and directed to pay compensation of Rs.1,26,000/- to the respondent/original complainant in said case and whose said conviction and order of sentence was confirmed by the judgment and order 2 dated 29.11.2004 passed by learned 4th Additional Sessions Judge, Nagpur in Criminal Appeal No.30/2003 preferred, has prayed for setting aside the order of conviction and sentence passed against him by the lower Court and confirmed by the appellate Court on the count of the matter being amicably settled/compounded in terms of settlement at Annexures 1 to 3 annexed with the application. The learned advocate appearing for the respondent has not controverted the statement of such settlement being arrived in between the parties. The applicant and the respondent kept present before the Court and identified by learned respective advocates, have also confirmed of settlement being arrived in between them in terms of the matters stated in said Annexures 1 to 3. In the premises aforesaid and perusal of the relevant annexures not revealing the terms and conditions of settlement arrived being unlawful and the offence for which the accused has been found guilty convicted and sentenced being compoundable as per provision of Section 147 of the Negotiable Instruments Acts, the application deserves to be allowed. In view of the aforesaid, the order of conviction passed against the applicant vide order dated 25.2.2003 in Criminal Complaint No. 192/2001 and confirmed by Appellate Court in Criminal Appeal No. 30/2003 vide judgment and order dated 29.11.2004 is 3 hereby set aside. The said applicant/accused stands acquitted from the charge of commission of offence under Section 138 of the Negotiable Instruments Act. The amount of fine of Rs.3000/- deposited by the applicant in the lower Court be refunded to the applicant/accused. The applicant/accused to make an application for such a purpose within two weeks from today. In the premises aforesaid, the main Revision Application No. 220 of 2004 preferred by the applicant throwing challenged to the relevant orders, stands disposed of in aforesaid terms. JUDGE halwai