[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1109 OF 2008 Shri.Sureshchandra Kedarnath Mishra ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.P.G.Sawant Adv. for petitioner Mr.Ram Akheel Lalta Prasad Mishra Complainant in person ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and Mr.Ram Akheel Lalta Prasad Mishra original complainant who is present in person. 2. By judgment and order dated 6.10.2007, the learned Metropolitan Magistrate, 34th Court Dadar, Mumbai, has convicted the petitioner under Section 138 of Negotiable Instruments Act in CC No. 2233/SS/2006. Revision Application No.327 of 2007 preferred by the petitioner came to be dismissed, hence, this petition. 3. Complainant states that during the pendency of [-2-] this matter, parties have amicably settled the dispute. He states that pursuant to the settlement, Rs.5000/- was paid in cash to the complainant and the cheques bearing cheque Nos. (1) 685948 dated 13.6.2008 for the sum of Rs.25,000/-, (2) 685949 dated 28.6.2008 for the sum of Rs.20,000/- and (3) 685952 dated 8.8.2008 for the sum of Rs.30,000/- have been handed over to the complainant. The said cheques have already been encashed by the complainant. The balance amount of Rs.40,000/- as per settlement, remained, on account of which cheque bearing No.685953 dated 9.12.2008 has been handed over to the complainant. The complainant states that after this cheque is encashed the terms of the settlement would be complete and he does not want to prosecute the matter any further and matter may be compounded and the petitioner be acquitted thereunder. 4. In view of the settlement and the statement made by the complainant, matter is compounded and the petitioner is acquitted of the offence under Section 138 of Negotiable Instruments Act. It is made clear that if the last cheque of Rs.40,000/- is not honoured, liberty is granted to the [-3-] complainant to apply to this Court for setting aside this order. 5. Writ petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]