934wp956-18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 934 CRIMINAL WRIT PETITION NO. 956 OF 2018 Shobha W/o. Sanjay Kale VERSUS Sanjivani W/o. Tanaji Kale ... Mr. Sunil Nimbalkar h/for Mr. Mehta Punit S, Advocate for the Petitioner Mr. Karad Murlidhar S, Advocate for Respondents CORAM : Y. G. KHOBRAGADE, J. Dated : 8th April, 2026 PER COURT :- 1. In pursuance of the order dated 22.11.2025, the learned Mediator, Mr. Sandip Andhale, has submitted his report stating that the mediation has been successful. The mediation report, along with the terms of compromise, is taken on record and marked as ‘X’ for identification 2. As per the terms of compromise, the Petitioner Shobha Sanjay Kale/original accused and respondent Sanjivani Tanaji Kale/ original complainant in Summary Criminal Case No. 2460 of 2016 entered into compromise and agreed that the petitioner will pay an amount of Rs. 3,00,000/- to the respondent against the claim of Rs.3,03,187/-against the Cheque No. 105177 dated 19.01.2016, which is the subject matter of Summary Criminal Case no. 2460 of 2016. 3. As per the terms and conditions of the settlement prescribed in paragraph Nos. 3(II), 3(III) and 3(IV), the petitioner has consented to 1 of 2 2026:BHC-AUG:15279 934wp956-18 the withdrawal by the respondent of an amount of Rs. 75,800/-, along with accrued interest, deposited by the petitioner before the Trial Court. It is further agreed that the petitioner will deposit Rs.50,000/- before the trial court on or before 25th April, 2026. It is further agreed between the petitioner and respondent that the petitioner will deposit the unpaid outstanding amount on or before 30.04.2026 and the respondent will give consent for withdrawal of the criminal proceeding. 4. In Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, the Hon’ble Supreme Court has held that the offence punishable under Section 138 of the Negotiable Instruments Act is compoundable at any stage of the proceedings, including at the appellate stage and even before the Hon’ble Supreme Court. However, in the said judgment, the Hon’ble Supreme Court has further prescribed the conditions for imposing graded costs by way of penalty for compounding the offence, having regard to the stage of the proceedings at which the compromise is arrived at. 5. In view of the above, the present petition stands disposed of in terms of the settlement 'X'. However, considering the law laid down in the above cited case law, it would be just and proper to impose penalty of Rs.5000/-, to be paid to the account of the Legal Services Sub Committee, High Court, Aurangabad within a period of two weeks. ( Y. G. KHOBRAGADE, J. ) JPChavan 2 of 2