1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) NO.56/2010 AND CRIMINAL REVISION APPLICATION NO.08/2010 Applicant :- Gangaji s/o Jangu Aade, Aged about 50 years, Occu. Agriculturist, R/o Jangu-Gudu, Tq. Rajura, District Chandrapur. ...Versus... Respondent :- Ishwar s/o Krushnaji Ragit, Aged about 35 years, Occu. Business, R/o c/o Ragit Krushi Kendra, Rajura, Tq. Rajura, District Chandrapur. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri S.V. Sirpurkar, Adv. for applicant] [Shri R.S. Nagpure, Adv. for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 02.03.2010 1. Both criminal application as well as criminal revision application are taken up for final disposal. 2. Learned Counsel for the applicant as well as respondent jointly make statement that the amount under cheque has been deposited in the trial Court, and therefore the respondent makes a prayer for withdrawal thereof. 3. It is with this arrangement, both learned Counsel on behalf of their respective clients state that this Court should permit them to compound the offence, for which the applicant stood convicted. 2 4. Section 147 of the Negotiable Instruments Act, 1981 provides for such compounding. 5. Having heard learned Counsel for the applicant and learned Counsel for the respondent, I find that both the Counsel are ad idem in the issue that they have settled the matter out of Court by making payment of the money in question and both of them are satisfied. This being the position, it would be appropriate to allow them to compound the offence complained of under Section 138 of the Negotiable Instruments Act. In the result, I make the following order. O R D E R (i) Both criminal application as well as criminal revision application are allowed. (ii) Prayer for compounding the offence for which the applicant is convicted is granted under Section 147 of the Negotiable Instruments Act. Consequently, both the impugned judgments and orders of conviction and sentence are set aside. (iii) The applicant stands acquitted. (iv) The respondent is permitted to withdraw the amount deposited by the applicant in the Sessions Court at Chandrapur as well as Judicial Magistrate First Class, Rajura. JUDGE SSW