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2005 DIGILAW 184 (ORI)

Sailesh Shyam Parsekar v. Baban alias Vishwanath S. Godge

2005-03-14

B.N.AGRAWAL, P.K.BALASUBRAMANYAN

body2005
JUDGMENT Heard learned counsel for the parties. 2. Leave granted. 3. The appellant herein was convicted by the trial Court under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for a period of one month and to pay compensation to the tune of Rs. 39,000/-. in default to undergo simple imprisonment for a further period of six months. On appeal being preferred, the Sessions Court con¬firmed the conviction and sentence. Thereafter when the matter was taken to the High Court of Bombay, the criminal revision application was dismissed. Hence, this appeal by special leave. 4. A joint petition of compromise has been filed by the parties in which it has been stated that they have settled their dispute and grievances. In view of the facts stated in the com¬promise petition, we permit the parties to compound the offence. 5. The appeal is, accordingly, allowed, conviction and sentence of the appellant are set aside in view of the compromise and he is acquitted of the charge. The appellant, who is on bail, shall be discharged from the liability of bail bonds. Appeal allowed.