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Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

2 APPR71.18.odt

2. Heard Mr. Navlani, the learned counsel for the applicants, Mr. Satuja, the learned counsel for the non-applicant no.1 and Mr. Jawade, the learned Additional Public Prosecutor for non- applicant no.2/State.

3. This is an application for compounding of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for the sake of brevity). This application is signed and affirmed by applicant no.2 - Maheshkumar Naryandas @ Naumal Batra and non-applicant no.1 - Narayandas Lekhumal Parwani. The application is also duly signed by their respective learned counsel Shri Navlani and Mr. Satuja.

4. Non-applicant no.1 - Narayandas Lekhumal Parwani in this application is the original complainant. A cheque was issued in his favour by the applicants for an amount of Rs.50,000/- in discharge of the legal debt. The non-applicant no.1/complainant deposited the said cheque with his banker, however, the said cheque was dishonoured by the bankers of the applicants on the ground "Funds Insufficient". After giving statutory notice, a complaint was filed by the non-applicant no.1 against the applicants herein for the 3 APPR71.18.odt offence punishable under Section 138 of the N.I. Act. The said complaint was registered as Summary Criminal Complaint Case No. 1562/2008. The learned Judicial Magistrate, First Class, Court No.1, Amravati by the judgment and order dated 12.07.2011, convicted the applicants for the offence punishable under Section 138 of the N.I.Act and directed to suffer one month's simple imprisonment and pay compensation of Rs.70,000/- to the complainant/non-applicant no.1 herein.

8. Applicant no.2 Maheshkumar Batra and non-applicant no.1- Narayandas Lekhumal Parwani are personally present in the Court today. They are identified by their respective counsel Shri Navlani and Shri Satuja.

9. Non-applicant no.1 - Narayandas Parwani has stated that he has agreed to receive the amount of Rs.70,000/- within a 5 APPR71.18.odt period of 15 days from today from applicant no.2 Maheshkumar Batra by Demand Draft.

ii] Applicant no.2 - Maheshkmar Batra shall pay Rs.70,000/- by Demand Draft within a period of fifteen days from today to non-applicant no.1 - Narayandas Parwani.
iii] Non-applicant no.1 - Narayandas Parwani is hereby permitted to withdraw Rs.15,000/- deposited by the applicants before the learned lower Appellate 7 APPR71.18.odt Court and the applicants shall not raise objection for withdrawal of the said amount by the non-