ORDER : Rongon Mukhopadhyay, J. Heard the parties. 2. In this application, petitioner has prayed for quashing the order dated 6.10.2015, passed by the learned District & Additional Sessions Judge-IV, Dhanbad in Criminal Appeal No. 313 of 2009, whereby and where under judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Dhanbad in Complaint Case No. 889 of 2006 on 10.09.2009, by which the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and directed to undergo S.I. for six months as also to pay a compensation of Rs. 5,25,000/- has been affirmed. 3. It is the case of the complainant that the petitioner and complainant's relation was cordial and on account of such relationship, petitioner offered for employment to a close relative of O.P. No. 2/complainant in the colliery of M/s BCCL and both parties agreed on certain terms and conditions, at which the petitioner imposed the condition to pay Rs. 5,25,000/- for employment and the same was to be paid by O.P. No. 2 to the petitioner in three equal instalments and after completion of the payment, employment will be given. It is alleged that O.P. No, 2 had made payment of Rs. 5,25,000/- in three equal instalements but subsequently the petitioner showed his inability to get the job done and agreed to return the amount to O.P. No. 2. It is also alleged that a cheque of Rs. 5,25,000/- was given to the O.P. No. 2 and on being presented the same was dishonoured and in spite of the legal notice, when petitioner failed to return back the amount of Rs. 5,25,000/-, a complaint case was instituted, which was registered as C.P. Case No. 889 of 2006. 4. In course of trial since the complainant had been able to prove his case beyond all reasonable doubt, the petitioner was convicted on 10.9.2009 for the offence under section 138 of the Negotiable Instruments Act by the learned Judicial Magistrate, 1st class, Dhanbad and was sentenced to undergo S.I for six months and also to pay a sum of Rs. 5,25,000/- by way of compensation. The petitioner preferred an appeal being Cr. Appeal No. 313 of 2009, which was dismissed on 6.10.2015 by the learned Additional Sessions Judge-IV, Dhanbad. 5. 5,25,000/- by way of compensation. The petitioner preferred an appeal being Cr. Appeal No. 313 of 2009, which was dismissed on 6.10.2015 by the learned Additional Sessions Judge-IV, Dhanbad. 5. At the outset, learned counsel for the petitioner has submitted that the matter has been compromised and the amount of Rs. 5,25,000/- has been handed over by the learned counsel for the petitioner to the learned counsel for O.P. No. 2. It has been submitted that since good relationship have been restored, judgment of conviction and order of sentence and its subsequent affirmation in appeal by the learned appellate court be set aside. 6. Mr. Manoj Kumar Sinha, learned counsel for O.P. No. 2, has accepted the fact um of compromise and has submitted that he does not have any objection if the orders under challenge are set aside. 7. It appears that the present case was referred to the Lok Adalat, in which the petitioner had appeared and had deposited a cheque dated 12.12.2015 amounting to Rs. 5,25,000/-, since however the matter could not be settled, O.P. No. 2 was in possession of the cheque and from the order dated 28.11.2016, it reflects that the petitioner had revalidated the cheque in favour of O.P. No. 2. In course of argument, learned counsel for the petitioner has referred to the supplementary affidavit, which contains joint compromise petition dated 28.6.2017, from which it appears that the parties have settled their disputes. Today, the revalidated cheque of Rs. 5,25,000/- bearing cheque no. 152329 dated 28.6.2017 drawn on Corporation Bank in favour of O.P. No. 2, amounting to Rs. 5,25,000/-, has been handed over to the learned counsel for O.P. No. 2. Handing over of the cheque fulfills the terms and conditions of the compromise and the amount, which has been awarded by the learned trial court. 5,25,000/- bearing cheque no. 152329 dated 28.6.2017 drawn on Corporation Bank in favour of O.P. No. 2, amounting to Rs. 5,25,000/-, has been handed over to the learned counsel for O.P. No. 2. Handing over of the cheque fulfills the terms and conditions of the compromise and the amount, which has been awarded by the learned trial court. In such circumstances, therefore, in view of the compromise, which has been effected between the parties and the dispute having been settled between the petitioner and O.P. No. 2 and in view of the fact that O.P. No. 2 does not have any objection to the prayer made by the petitioner, this application is allowed and the order dated 6.10.2015, passed by the learned District & Additional Sessions Judge-IV, Dhanbad in Criminal Appeal No. 313 of 2009, whereby and where under judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Dhanbad in Complaint Case No. 889 of 2006 on 10.09.2009, by which the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and directed to undergo S.I. for six months as also to pay a compensation of Rs. 5,25,000/- has been affirmed, are hereby set aside. 8. Let a photo copy of the cheque be kept on record. 9. Pending I.As, if any, stand disposed of. Application disposed of.