{1} Cri. Revision No.227/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.227 OF 2011 Rajiv Nikunj Dalal & Another APPLICANTS VERSUS Kothari Enterprises & Another RESPONDENTS ....... Mr.Girish Rane, Advocate for the applicants Mr.S.D.Kaldate, APP for respondent State MR.R.R.Mantri, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th October 2011 PER COURT: 1. Rule. Rule made returnable forthwith. Heard finally by consent. 2. The present revision application is directed against the judgment dated 28.09.2011 passed in Criminal Appeal No.25/2006 by Ad Hoc Sessions Judge, Amalner dismissing the appeal and confirming the conviction and sentence of the applicants awarded by JMFC, Amalner in SCC No.742/2004 u/s 138 of the NI Act. Learned counsel for the applicants state that the amount of Rs. 1,00,000/-has been deposited in the lower court and the {2} Cri. Revision No.227/2011 applicants have no objection if respondent No.1 withdraws the same. Learned counsel for respondent No.1 states that the respondent-original complainant has now no grievance as he is permitted to withdraw the amount of Rs.1,00,000/- deposited by the applicants in the lower court. 3. Both the learned counsel made a joint statement that the parties have arrived at amicable settlement and prayed to allow them to compound the offence for which the applicants are convicted and sentenced. 4. By virtue of section 147 of the Negotiable Instruments Act, the offence punishable u/s 138 of the said Act has been made compoundable. In the light of the fact that the parties have arrived at settlement, they are permitted u/s 147 of the NI Act, to compound the offence. Consequently, the revision application is allowed. The order impugned in the criminal revision is quashed and set aside. Rule is made absolute accordingly. [A.V.POTDAR, J.] drp/B11/crirevn227-11 {3} Cri. Revision No.227/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4607 OF 2011 IN CRIMINAL REVISION APPLICATION NO.227 OF 2011 Rajiv Nikunj Dalal & Another APPLICANTS VERSUS Kothari Enterprises & Another RESPONDENTS ....... Mr.Girish Rane, Advocate for the applicants Mr.S.D.Kaldate, APP for respondent State MR.R.R.Mantri, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th October 2011 PER COURT: 1. By the present application, the applicants-original accused seek leave to permit the parties to compound the offence and to quash and set aside the judgment impugned in Criminal Revision No.227/2011. By the said order the applicants are convicted for an offence punishable u/s 138 of the Negotiable Instruments Act. Learned counsel for respondent No.1 states that {4} Cri. Revision No.227/2011 the parties have arrived at compromise. In view of this the application is allowed in terms of prayer clause “B”. [A.V.POTDAR, J.] drp/B11/crirevn227-11 {5} Cri. Revision No.227/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4507 OF 2011 IN CRIMINAL REVISION APPLICATION NO.227 OF 2011 Rajiv Nikunj Dalal & Another APPLICANTS VERSUS Kothari Enterprises & Another RESPONDENTS ....... Mr.Girish Rane, Advocate for the applicants Mr.S.D.Kaldate, APP for respondent State MR.R.R.Mantri, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE: 18 th October 2011 PER COURT: 1. Learned counsel for the applicants, in view of the compromise arrived at between the parties and as the applicants have not surrendered as yet, seeks leave to withdraw the present application. Leave granted. Application stands dismissed as not pressed. [A.V.POTDAR, J.] drp/B11/crirevn227-11