FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.516 OF 2009 _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.V.K.Lahkeda for applicant Mr.M.K.Dubey for respondent No.2 Mr.A.S.Shitole APP CORAM : S.C. DHARMADHIKARI, J. DATED : 13th JANUARY, 2010. PC :- 1. Heard. 2. This revision application challenges an order of the lower appellate court dismissing the appeal of the applicant accused and confirming conviction and sentence for the offences punishable under section 138 of the Negotiable Instruments Act. 3. The cheque amount is Rs.3,42,029/-. It is stated that the cheque amount is duly deposited in the trial court. There is a deficit of Rs.33,000/- which remains to be deposited and the applicant s advocate on instructions ’ makes a statement that this amount will be deposited within three weeks from today. 4. Both sides state before me that the revision be decided at this stage itself. Accordingly, by consent the revision application is admitted and taken up for hearing forthwith. Respondent s Advocate waives notice. Both ’ sides state that offences can be compounded by the applicant depositing further sum of Rs. 33,000/- within a period of three weeks from today. 5. Applicant s counsel states that he would ’ deposit the said sum within the stipulated period of three weeks. This statement is accepted. Complainant s Counsel states that ’ on deposit of this sum the complainant would accept the cheque amount and the further deposit in full and final settlement of his claim under the said cheque. He has no objection if the offence is compounded. 6. Accepting the statement of the learned Advocate for both sides and permitting the complainant to withdraw the sums deposited in the trial court with accrued interest, the offence stand compounded. The judgement rendered by the courts below of conviction and sentence is set aside. Needless to state that in default of deposit of this further sum of Rs.33,000/- this revision shall stand dismissed without any further reference to court. (JUDGE)