G M Furniture Through Its Prop. ... vs Firbo Plast Doors Pvt Ltd., And Ors
2021 Latest Caselaw 2418 Bom

                                                                6.Cri.IA 411-2021 in Appeal 567-2018.doc
Shambhavi
N. Shivgan
Digitally signed by
Shambhavi N.
Shivgan
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2021.02.06
11:41:35 +0530                        CRIMINAL APPELLATE JURISDICTION

                                         Interim Application No. 411 / 2021
                                                         in
                                           Criminal Appeal No. 567 / 2018

                      G.M. Furniture
                      its Proprietor, Kishor Manikchand
                      Oswal (Sanghivi)                                         .. Appellant
                                Vs.
                      Fibro Plast Doors Pvt. Ltd. & Ors.                       .. Respondents

                                                       ****

Mr. Tejas P. Hilge, Advocate for the Appellant. Ms. Veera Shinde, APP for State.

Mr. S.C. Mangle, Advocate for Respondent No.1 & 2.

**** CORAM : SANDEEP K. SHINDE J.

                                            DATE     : 5th FEBRUARY, 2021.
                      P.C. :-

                                Heard.

1. Appellant, a complainant in Summary Criminal Case No.

1418/2012, ,prosecuted the respondent under Section 138 of the

Negotiable Instruments Act, 1881 (Act for short).

2. The learned Judicial Magistrate vide judgment and order

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6.Cri.IA 411-2021 in Appeal 567-2018.doc

dated 16th April, 2016 acquitted the accused, against which

complainant has preferred this appeal.

3. In view of the provision of Section 147 of the said Act, which

in the nature of enabling provision providing for compounding of

offence prescribed under the said act.

4. It appears, the complainant herein had fled Special Civil Suit

No. 234 / 2014 against the accused (defendant herein), based on

the same cause of action. Parties to the suit (complainant and the

accused herein respectively) have compromised the suit on 15 th

February, 2019. Copy of the order passed below Exhibit - 2 in the

subject suit no. 234/2014 is placed on record.

5. In view of the aforesaid compromise, complainant does not

want to prosecute in subject appeal.

6. In view of the facts aforesaid, the appellant is permitted to

withdraw the appeal. It is disposed of accordingly.

                                  (SANDEEP K. SHINDE, J.)


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