1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2158 OF 2006 M/s.Rama Krishi Rasayan & anr. ..Petitioners V/s. Adamji Investments Pvt. Ltd. & anr. ..Respondents Mr.Ashok Mundargi with Mr.Jahangir Khajotia and Mr.Rajesh Rathod i/b. M/s.Bilawala & Co., Advocate, for the petitioners Mr.Vivek Kantawala, Advocate, for respondent No.1 Smt.V.R.Bhosale, A.P.P, for the State CORAM : K.U.CHANDIWAL, J. DATE : 23RD JUNE, 2008 P.C. . Heard both the learned counsels. The contention raised before this Court is that there was a question mark to the liability of the directors. However, this point is not raised in Writ Petition. 2. The learned counsel for the petitioners/original accused Nos.1 & 5 took me to the correspondence entered into between the parties. He also took me to the provisions of Section 141 of the 2 Negotiable Instruments Act, 1881. 3. After going through the correspondence and the provisions of Section 147 of the Negotiable Instruments Act, it is clear that any Act of compounding will have to be entertained at the instance of the complainant and also the accused. It is open for the complainant to even withdraw the complaint. However, it is not open for the accused to invoke jurisdiction and statutory provision under Section 147. The course open to the accused is to get all these aspects established during the trial which is permissible under statutory schemes. This Court cannot direct complainant to compound the case. The order of rejection of application dated 31st December, 2005 and thereafter, Criminal Revision Application No.250 of 2006 dated 14th August, 2006, does not require any interference. I need not go into details and willingness of the accused to make payment as per correspondence. In fact, statement of acceptance of payment, if any, from the complainant was without prejudice to their rights and contentions. At last, it is open for the parties to close the chapter, if they can do so. 3 4. Writ Petition in the manner it is filed also is not maintainable. Hence, it is rejected. (K.U.CHANDIWAL, J.)