1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL REVISION APPLICATION NO.653 OF 2009 Shri Kripashankar Chaturvedi : Applicant (Orig. Accused) V/s. Smt.Raj Malik & Anr. : Respondents .... Mr.S.V.Marwadi i/b. M. Momay for the applicant. Mr.J.S.Kini i/b. Mr.S. Dubey for resp. no.1. Mr.D.R.More, Addl. Public Prosecutor for the State. .... CORAM : B.R. GAVAI, J. DATE : MARCH 18, 2010. P.C.: The present Revision Application challenges the judgement and order passed by the learned Metropolitan Magistrate’s 31st Court, Mumbai, dated 22.1.2007 convicting the applicant for the offence punishable under section 138 of the Negotiable Instruments Act and sentencing him to suffer S.I. for one year and also compensation of Rs.5,00,000/- along with litigation charges of Rs.15,000/- and the order passed by the learned Sessions Judge, Mumbai, dated 6.11.2009 dismissing the appeal filed by the present applicant. 2 2. The complaint was filed by the respondent-complainant under the provisions of section 138 of the Negotiable Instruments Act on account of dishonour of cheque. 3. During the pendency of the present proceedings, the matter has been amicably settled between the parties. It has been agreed that an amount of Rs.5,15,000/- which has been deposited by the applicant in the appellate Court would be permitted to be withdrawn by the original complainant and in addition to that, the applicant would pay an amount of Rs.85,000/- to the complainant. The parties have placed on record their Consent Terms which is duly signed by the parties and their learned Advocates. The same are taken on record and marked `X’ for identification. In view of the amicable settlement between the parties and since the present dispute is purely personal in nature and no element of public nature is involved, I find that this is a fit case where this Court by recourse to the provisions of section 482 of the Cr.P.C., should give an end to the criminal litigation. 4. The order passed by the learned Magistrate dated 22.1.2007 and the order passed by the learned Sessions Judge dated 6.11.2009 are hereby quashed and set aside. The applicant is acquitted of the offence with which he is charged. Bail bond, if any, shall stand cancelled. The 3 respondent-complainant is permitted to withdraw the amount of Rs.5,15,000/- deposited by the applicant in the Sessions Court. The learned counsel for the applicant has handed over a cheque for an amount of Rs.85,000/-, details of which are given in the Consent Terms, to the learned counsel for the respondent-complainant. 5. Criminal Revision Application stands disposed of. B. R. GAVAI, J.