1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.304 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.N.S.Ghanekar, learned counsel for applicant Mr.A.D.Kasliwal, learned counsel for respondent no.1/original respondent. Mrs.Y.M.Kshirsagar, learned APP for respondent no.2 (CORAM : A.V.POTDAR, J.) DATE : 8 th DECEMBER 2009 This revision application arises out of the judgment and order dated 27/10/2009 passed in Cri.Appeal No.38/2008. By the said judgment and order, the Learned Appellate Court pleased to dismiss the appeal and confirm the judgment and order passed in SCC No.1667/2006 passed by the 5th J.M.F.C. Aurangabad by which the revision applicant was convicted for an offence punishable u/s. 138 of The N.I.Act and sentenced to suffer RI for 3 months and to pay the compensation in the sum of Rs.59,600/- 2 to the complainant. Today the original complainant appeared before the Court through Adv. Shri.A.D. Kasliwal. Revision applicant is also appeared before the Court and they filed a precipe to allow them to compound the offence and also filed a precipe about compromise arrived between them. These applications cum pursis seeking permission to allow them to compound the offence is taken on record as well as the compromise memo is also taken on record and marked “X” for identification. The parties are allowed to compound the offence between them. In view of the parties have arrived to compromise, the revision application do not survive and hence order : 1. In view of the precipe filed by the revision applicant and respondent no.1, this revision application no.304/2009 is hereby allowed. 2. The judgment and order passed by both the Courts below, sentencing the revision applicant u/s.138 of The N.I.Act for the period of 3 months is hereby quashed and set aside. 3. The respondent no.1 is allowed to withdraw the cash in the sum of Rs.28,000/- (Rs. 3 8,000/- deposited on 13/02/2008 vide receipt no.C-983 and Rs.20,000/- deposited on 30/08/2008 vide receipt no.175) deposited by the revision applicant in the First Appellate Court. 4. Revision application stands disposed of accordingly. 5. CC expedited. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.304-09