1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.182 OF 2010 Nisar Ahmed Khan @ Babbu S/o.Nazir Ahmed Khan Age-48 years, Occu-Contractor, R/o.Near Shahi Masjid, Station Road, Parbhani APPLICANT VERSUS The Jankalyan Nagri Patsanstha Ltd., Parbhani, Through its General Manager, Himmatrao W/o.Wamanrao Patil, R/o.Vidya Nagar, Parbhani RESPONDENT Mr.Swapnil S.Rathi, learned counsel for applicant. Mr.P.C.Mayure, learned APP for State CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. This revision application is preferred by the original accused challenging the judgment and order passed by the learned Sessions Judge, Parbhani in Criminal Appeal No.59/2008, which appeal was dismissed vide judgment and order dated 06/07/2010, confirming the order passed by the 3rd J.M.F.C. Court Parbhani in SCC No. 39/2007, in which the applicant was convicted for the offence 2 punishable u/s. 138 of The N.I.Act and was sentenced to suffer RI for 6 months and to pay fine in the sum of Rs.67,000/-, in default to suffer SI for 3 months. 3. Heard learned counsel for applicant. Issue notice to respondent. Learned counsel Mr.Mayure accepts notice for respondent. 4. Today, by way of separate application bearing Cri.Appl.St.No. 3103/2010, the applicant and respondent, through their counsels have moved this Court to allow them to compound the offence, which is now made compoundable u/s. 147 of The N.I.Act. Alongwith this application, "no due certificate" is also issued by the Branch Manager of the respondent dated 20/07/2010, as the amount of bounced cheque alongwith interest and penalty is paid by the present applicant, total in the sum of Rs.94,000/- with the respondent/original complainant, which application came to be allowed in terms of prayer clause A & B and was disposed of. 5. Now the offence punishable u/s. 138 of The N.I.Act is made compoundable by virtue of the provisions u/s. 147 of The N.I.Act. Accordingly, the parties are allowed to compound the offence by separate order in criminal application stamp no.3103/2010. As the parties are allowed to compound the offence, and accordingly the order require to be passed in this revision, hence the revision application is allowed in terms of prayer clause A & C, and the order 3 of conviction passed by both the Courts below is hereby quashed and set aside. Fine amount, if any paid by the applicant in the Lower Court, that amount be refunded to applicant. Certified copy of the order is expedited. (A.V.POTDAR, J.) khs/AUG 2010/cri.rev.182-10