1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL REVISION NO. 66 / 2010 ( Chandrakant Pandurangji Chaudhary vs. Shri Sant Gajanan Nagari Sahakari Pat Sanstha Ltd and another ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. S M Bhangde, Adv. for applicant Ms. D.A. Diyewar, Adv. for non-applicant no.1 Mr. D.M. Kale, APP for non-applicant no.2-State CORAM : R.G. KETKAR, J. DATED : 29th September, 2010. Heard respective counsel. 2. This Revision challenges the judgment and order dated 17th April, 2009 in Summons Case No.540/2008 passed by the learned Judicial Magistrate, First Class,Warud ; as also the judgment and order dated 1st April, 2010 in Criminal Appeal No. 65/2009 passed by the learned Additional Sessions Judge,Amravati. By these orders, the applicant was convicted of the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short “Act”) and was sentenced to suffer simple imprisonment for a period of two months and to pay compensation of Rs.1,60,000/- under section 357(3) of the Code of Criminal Procedure, 2 1973 to the first respondent/original complainant; in default, to suffer further simple imprisonment for fifteen days. 3. The applicant had deposited in all an amount of Rs.60,000/- in the Court of Sessions Judge, Amravati. Pursuant to the order dated 9th April,2010 passed by this Court, the applicant has further deposited Rs.30,000/-. The applicant and non-applicant no.1 have filed a pursis dated 27th September, 2010 in this Court, which is marked “X” for identification’s sake, wherein Clause (2) recites that the applicant had paid Rs. 70,000/- in cash to the respondent no.1 ( original complainant ) and the same is accepted by respondent no.1 on 7th September, 2010. Learned counsel for respondent no.1 confirms receipt of Rs. 70,000/- in cash from the applicant. Learned counsel for the applicant has no objection if the respondent no.1 is permitted to withdraw the amount of Rs. 90,000/- deposited in this Court. The Respondent No.1 is permitted to withdraw the amount of Rs. 90,000/- unconditionally. 4. In view thereof the applicant would be paying Rs.1,60,000/- as per the order dated 1.4.2010 passed by learned Additional Sessions Judge, Amravati. Having regard to the pursis filed by the applicant and the respondent no.1 and further having regard to the provisions of section 147 of the Act, the offence 3 punishable under the Act, is compounded. Criminal Revision No.66/2010 stands disposed of in terms of the aforesaid order. JUDGE sahare