1 REVN432/10 WITH APPR 299/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISON APPLICATION NO.432 OF 2010 ALONGWITH CRIMINAL APPLICATION NO.299 OF 2010 IN CRIMINAL REVISION APPLICATION NO.432 OF 2010 Aaba Aappa Powar .... Applicant. V/s Arun Bhupal Patil & Anr. .... Respondents. Mr. D.D. Rananaware for the applicant. Mr. Prashant Kulkarni for Respondent No.1. Smt V.R. Bhosale, APP for the State. CORAM: V.M. KANADE, J. DATE : 16th November, 2010 P.C:- 1. Parties have settled the dispute amicably and have filed consent terms which are taken on record and marked “X” for the purpose of identification. The consent terms are signed by the applicant and Respondent No.1 and by their respective advocates. 2. Applicant was convicted by the Trial Court for the offence punishable under section 138 of the Negotiable 2 REVN432/10 WITH APPR 299/10 Instruments Act and the said order was confirmed by the Sessions Court. During pendency of the Revision Application, parties have settled the dispute and the Respondent No.1 has accepted the amount of Rs 2,25,000/- by way of Demand Draft No.56563 drawn on Dr. Annasaheb Chougule Urban Cooperative Bank, Ichalkaranji and the amount of Rs 2,25,000/- by way of Demand Draft No.836751 drawn on Ichalkaranji Janata Sahakari Bank Ltd. Both the Demand Drafts are drawn in favour of Kalpavriksha Earth Motors Pvt Ltd in which Respondent No.1 is a partner. Applicant has also deposited an amount of Rs 2,25,000/- in the Sessions Court Ichalkaranji and that he has stated that he has no objection if the said amount is withdrawn by Respondent No. 1. 3. On the other hand, Respondent No.1 in the consent terms has given no objection for quashing the order passed by the Sessions Court and the learned Magistrate. He has also given an undertaking to withdraw the Special Civil Suit No.51 of 2008 filed by him in the Court of Civil Judge, Senior Division, Ichalkaranji. 4. In view of the Consent Terms filed by the parties, Criminal Revision Application is allowed and the judgment and order passed by the learned Magistrate in SCC No.1840 of 2005 and the order passed by the Sessions Court 3 REVN432/10 WITH APPR 299/10 confirming the said order in Criminal Appeal No.27 of 2009 are quashed and set aside. Respondent No.1 is permitted to withdraw the amount deposited by the applicant in the Sessions Court at Ichalkaranji. Both the parties are present in Court. 5. Criminal Revision Application is disposed off in terms of the Consent Terms. Since Criminal Revision Application itself is disposed off, Criminal Application No.299 of 2010 does not survive and the same is disposed off accordingly. V.M. KANADE, J.