1 ndm 18 appr.149.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 149 OF 2010 IN CRIMINAL REVISION APPLICATION NO. 322 OF 2009 WITH CRIMINAL REVISION APPLICATION NO. 322 OF 2009 Advocate Avinash Dubey and anr. ... APPLICANTS Vs. Narsi A. Patel and ors. ... RESPONDENTS -------- Mr. M.S. Kadu for Applicants. Mr. R.C. Kaushik for Respondent No.1. Mr. K.V. Saste, APP for State. -------- CORAM : B.R. GAVAI, J. DATE : 06 th May, 2010. P.C. 1 For the reasons stated in the application, the application is allowed. Criminal Revision Application is restored to file and taken on board. 2 The criminal revision arises out of the order passed by the learned Metropolitan Magistrate, 43 rd Court, Borivali, Mumbai in criminal case thereby convicting the Applicants for the offence punishable under Section 138 of the Negotiable Instruments Act and the order passed by the learned 4 th Adhoc Additional Sessions Judge, Borivali Division, 2 Dindoshi, Mumbai thereby dismissing the appeal. 3 The proceedings arise out of dishonour of cheque. It has been stated by the parties that the matter has been amicably settled between them and that the consent terms have also been placed on record in the revision application. 4 The learned counsel appearing on behalf of the Respondents states that the Respondents have already received the amount in question and the Respondents are not interested in proceeding further with the criminal proceedings. 5 Since the dispute between the parties arises out of proceedings under Section 138 of the Negotiable Instruments Act and since the parties have already amicably settled the matter, I do not find any purpose would be served in continuing the criminal proceedings. 6 In that view of the matter, the Revision Application is allowed. The order of conviction and sentence and the order passed by the Appellate Court are quashed and set aside. The Applicants are acquitted of the offence charged with and the bail bonds shall stand cancelled. [ B.R. GAVAI, J ]