crirevappln262.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD 18 CRIMINAL REVISION APPLICATION NO. 262 OF 2009 BHANUDAS TUKARAM MAHAJAN VERSUS SARALABAI SHANTARAM MAHAJAN ... Advocate for applicant : Mr. Patil Prakashsing B. APP for Respondent(s): Mr. S.D. Kaldate Advocate for Respondent(s) : Mr. H.D. Patil ... CORAM : A. V. POTDAR, J. Dated: September 21, 2011 PER COURT : 1 Present revision application is directed against the judgment and order dated 6-8-2009 passed by the Additional Sessions Judge, Amalner in Criminal Appeal no. 46/2008 preferred against the judgment and order passed in SCC no. 1685/2005 by the learned JMFC, Amalner dated 14-5-2008. 2 By said judgment and order, learned JMFC, Amalner convicted the appellant/ applicant for offence under section 138 of the Negotiable crirevappln262.09 2 Instruments Act and sentenced to suffer SI for two months and pay compensation to the tune of Rs. 1,00,000/-, in default to undergo SI for one month. Order passed by the learned JMFC is confirmed in Criminal Appeal no. 46/2008. 3 It appears that the parties have settled the matter out of the court and filed joint precipe on 18-11-2009 before this court duly signed by both the counsel and parties, by which they seek permission to allow them to compound the offence as they have settled the matter out of the court. 4 By virtue of section 147 of the Negotiable Instruments Act, offence under section 138 of the Negotiable Instruments Act is now made compoundable. In paragraph no. 1 of the terms of compromise it is mentioned that as the complainant has received the entire amount of the cheque in dispute and as the complainant has to maintain the harmonious relations between the parties, he does not intend to proceed further against the petitioner and intends to withdraw the complaint and seeks permission to compound the offence. As the parties have settled the matter out of the court, considering the terms of compromise, following order is passed : crirevappln262.09 3 ORDER . Criminal Revision Application no. 262/2009 is hereby allowed. Order of conviction and sentence passed by the learned JMFC, Amalner in SCC no. 1685/2005 confirmed in Criminal Appeal no. 46/2008 is hereby quashed and set aside. Applicant is acquitted from the charge for offence punishable under section 138 of the Negotiable Instruments Act. His bail bonds stand cancelled. Criminal Revision Application stands disposed of accordingly. ( A. V. POTDAR, J. ) dyb