Bombay High Court
Ranjit Sham Chougule And Ors vs The State Of Maharashtra And Ors on 16 August, 2017
Bench: Anuja Prabhudessai
903_appr_45_2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.51 OF 2017
WITH
CRIMINAL APPLICATION NO.45 OF 2017
IN
CRIMINAL REVISION APPLICATION NO.51 OF 2017
Ranjit Sham Chougule & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO.116 OF 2017
IN
CRIMINAL REVISION APPLICATION (ST) NO.124 OF 2017
WITH
CRIMINAL REVISION APPLICATION (ST) NO.124 OF 2017
Ashoka Pipe Mfg. Company Through ...Applicants
POA Rakesh Jain
Versus
Ranjit Sham Chougule & Ors. ...Respondents
.....
Mr. Satyavrat Joshi i/b. M/s. Vidhi Partners for the Applicants in
APPR/45/2017, REVN/51/2017.
Mr. Santosh D. Thakur for the Respondent No.4 and Applicant in
APPR/116/2017 and APPR/117/2017.
Mr. P.H. Gaikwad, APP for the Respondent -State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED : 16th AUGUST, 2017.
P.C.:-
The Applicants in Criminal Revision Application No.51 of
2017 were the accused whereas the Applicant in Criminal Revision
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Application (st) No.124 of 2017 was the complainant in C.C.
No.36955/SS/2009, on the file of the learned Metropolitan Magistrate,
7th Court, Dadar, Mumbai and they shall be hereinafter referred to as
the accused and the complainant respectively.
2. The accused have filed the Criminal Revision Application
No.51 of 2017 challenging their conviction and sentence for the
offence punishable under Section 138 read with Section 141 of the
Negotiable Instruments Act. Whereas the complainant has filed
Criminal Revision Application (st) No.124 of 2017 challenging clause 4
of the order dated 21.10.2016 in Criminal Appeal No.1039 of 2014
whereby accused Nos.4 and 5 have been exempted from paying any
compensation to the complainant.
3. The learned counsels for the accused and the complainant
in their respective revision applications have submitted that during the
pendency of these revisions, the complainant and accused have settled
the dispute amicably. They have placed on record the consent terms
which read as under :
CONSENT TERMS
"The parties to this revision application have agreed and resolved to
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settle their disputes on the following terms and conditions:
1. The Petitioner Ranjit Sham Chougule undertakes to this
Hon'ble Court to pay a total sum of Rs.15,00,000/-
(Rupees Fifteen Lacs only) to the Respondent M/s.
Ashoka Pipe Mfg. Company in the following manner :-
(i) At the time of signing and filing of this consent term in
this Hon'ble Court a sum of Rs.15,00,000/- (Rupees
fifteen Lacs only) by bank pay order No.491919
dated 18/04/2017 issued by Deutsche Bank at its
Fort, Mumbai Brnach drawn in favour of Ashoka Pipe
Mfg. Co.
(ii) A sum of Rs.3,00,000/- (Rupees Three Lacs only)
being 20% of Trial Court amount of Rs.15,00,000/-
deposited by the Petitioner Ranjit Chougule in the Trial
Court 7th Bhoiwada, Dadar, during the admission of
appeal in Sessions Court, shall be refunded to
Petitioner/Original accused Mr. Ranjit Sham Chougule.
The Petitioner Ranjit Chougule undertakes to this
Hon'ble Court that he has not encumbered the said
amount of deposit of sum of Rs.3,00,000/-
(Rupees Three Lacs only) in any manner or withdrawn
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by him or anyone claiming under or through him
from the Trial Court and remains to be with the Trial
Court.
2. The Trial Court 7th Bhoiwada, Dadar, be directed to refund the
Bail amount to the petitioners/original accused, paid by them
at the time of first appearances in C.C. No.36955/SS/2009.
3. The Judgment of Conviction passed by Trial Court in C.C.
No.36955/SS/2009 dated 18.09.2014 and Judgment of
Sessions Court dated 21/10/2016 in Criminal Appeal No.1039
of 2014 be set aside and the Petitioners/Original Accused be
acquitted/discharge.
4. The parties hereto agree that on fulfillment of the above
mentioned terms and conditions, the above mentioned revision
application stands disposed off.
5. Parties agreed to bear their own cost."
4. The power of attorney, which is annexed to the consent
terms indicates that the complainant has been authorised to enter into
a compromise. The consent terms have been signed by accused No.2
as well as the attorney of the complainant and their respective
Advocates. The respective parties and their counsels have confirmed
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that the terms are agreeable to them. The terms are taken on record
and marked 'x' for identification. The undertaking given by the
respective parties are accepted.
5. Since the parties have arrived at amicable settlement in
terms of the consent terms, leave is granted to compound the offence.
Hence, the following order :-
ORDER
(i) The Revision Applications are allowed in terms of the
consent terms. The order of the Special Judge(CBI)/The
Addl. Sessions Judge, Gr. Bombay, dated 21.10.2016 and
order of the Metropolitan Magistrate, 7th Court, Dadar,
Mumbai, dated 16.9.2014 are quashed and set aside;
(ii) The accused are acquitted of the offence punishable
under Section 138 r/w 141 of the Negotiable
Instruments Act;
(iii) The accused No.2 shall pay costs of Rs.25,000/- to Tata
Memorial Cancer Hospital within a period of two weeks.
If costs are not paid the impugned order shall stand
recalled without further orders of this Court with
consequences to follow;
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(iv) In terms of clause (ii) of paragraph (1) and clause (2) of
the consent terms an amount of Rs.3,00,000/- deposited
before the Trial Court towards cash surety be refunded to
the accused No.2;
(v) All other applications stand disposed of;
(vi) Parties to act on an authenticated copy of this order.
6. Stand over to 31.8.2017 for compliance.
(ANUJA PRABHUDESSAI, J.)
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