1 Spb/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 4449 OF 2009 Mr. Pradip Madhukar Deshmukh ... Applicant. Versus Ms. Vaishali Mohan Kshirsagar & Anr. ... Respondents. --- Mr. Ganesh Bhujbal for the Applicants. Mr. Vikas Salvi i/by V.Salvi & Associates for the Respondents. Ms. S.V. Gajare, APP for the State. --- CORAM : B. R. GAVAI, J. DATED : 25th February, 2010. P.C. : 1. The petition has been filed for quashing and seting aside the process issued by the learned Metropolitan Magistrate 13th Court, Dadar, Mumbai and C.C. No. 1172/SS/2009. 2. The proceedings were initiated by the respondents under the provisions of section 138 of the Negotiable Instruments Act. However, during the pendency of the proceedings matter has been amicably settled between the parties. The consent terms have been 2 placed on the record in both the matters. The same are taken on record and marked as `X’ for identification 3. The consent terms are duly signed by the parties and their respective counsels. The complainant so also the accused are personally present in the court and they reported that the matter has been amicably settled between them as per the terms placed on record. 4. Since the dispute under section 138 of the Negotiable Instrument Act is purely a personal in nature, in view of the law laid down by the apex court in the case of Madan Mohan Abbot vs. State of Punjab (2008) 4 SCC 528, it is a fit case wherein this court should exercise powers under section 482 of the Cr. P.C. To quash and set aside the proceedings. 5. Rule is, therefore, made absolute in terms of prayer clause (b). (B.R.GAVAI, J.)