Sahara Engineers And Registered ... vs Tabassum Noorkhan Pathan And Anr
2021 Latest Caselaw 6234 Bom

       Tauseef                                                   10-REVN.358.2017.doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL REVISION APPLICATION NO.358 OF 2017
                                    WITH
                     CRIMINAL APPLICATION NO.328 OF 2017


Sahara Engineers and Registered
Partnership Firm Through its Partners
Sunil Maruti Bongale & Anr.                              ...Applicants
            V/s.
Tabassum Noorkhan Pathan & Anr.                          ...Respondents


Mr. Anand Patil, Advocate for Applicants.
Smt. Tabassum Noorkhan Pathan for Respondent No.1 in person.
Mr. S. S. Hulke, APP for Respondent No.2 (State).


                                    CORAM   : A. S. GADKARI, J.

                                    DATE    : 7th APRIL, 2021.

P.C. :

1. Learned counsel for the Applicants submitted that, the parties

herein have already settled the matter and had executed Deed of

Compromise dated 17th July 2017. Today, he tendered across the bar an

Affidavit of the Applicants, placing the said facts on record. The said

Affidavit has also been signed by Respondent No.1 / Complainant,

affirming the contents therein.

The respondent No.1 / Complainant is personally present in the

Court and through the learned APP, confirmed execution of the Deed of

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Tauseef 10-REVN.358.2017.doc

Compromise dated 17th July 2017 and execution of Affidavit dated 7 th

April 2021.

The said Affidavit is taken on record and marked 'X' for

identification.

2. The Respondent No.1 / Complainant has stated that, she has no

objection for quashing and setting aside the impugned Judgments and

Orders and to acquit the Applicants from the offence under Section 138 of

the Negotiable Instruments Act, 1881 (for short 'the N.I. Act').

3. In view of the Deed of Compromise and statement made by the

Respondent No.2, the impugned Judgments and Orders dated 28 th

December 2012, passed by the 15th Judicial Magistrate, First Class, in

S.C.C. No.2712 of 2010 and dated 3rd April 2017, passed by the learned

Additional Sessions Judge, Kolhapur in Criminal Appeal No.22 of 2013 are

quashed and set aside.

As the offence has been compounded, the Applicants are

acquitted from the offence punishable under Section 138 of the N.I. Act, in

the complaint lodged by the Respondent No.1.

4. Revision Application is allowed in the aforesaid terms.

In view of disposal of Revision Application, Criminal Application

No.328 of 2017, does not survive and is also disposed of.

(A. S. GADKARI, J.)

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