Prashanth V. Vala vs Sanjay P. Gorodia And Anr
2021 Latest Caselaw 2956 Bom

       ssm                       1                    1-revn142.16-gp.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

            CRIMINAL REVISION APPLICATION NO. 142 OF 2016

Prashanth V. Vala                                         ....Applicant.

      Vs.

Sanjay P. Gorodia & Anr.                                  ....Respondents.

                                  WITH

                CRIMINAL APPLICATION NO. 132 OF 2016
                                 IN
            CRIMINAL REVISION APPLICATION NO. 142 OF 2016

                                  WITH

                CRIMINAL APPLICATION NO. 133 OF 2016
                                 IN
            CRIMINAL REVISION APPLICATION NO. 142 OF 2016

                                  WITH

                INTERIM APPLICATION NO. 1108 OF 2020
                                 IN
                CRIMINAL APPLICATION NO. 132 OF 2016
                               WITH
                CRIMINAL APPLICATION NO. 133 OF 2016
                                 IN
            CRIMINAL REVISION APPLICATION NO. 142 OF 2016

Prashanth V. Vala                                         ....Applicant.

      Vs.

Sanjay P. Gorodia & Anr.                                  ....Respondents.

Smt. M.J. Reena Rolland for the Applicant.
Mr. MV. Swar, for the Respondent No.1.
Mr. Amit Palkar, APP for the Respondent No.2-State.

                                                                            1/3
          ssm                          2               1-revn142.16-gp.doc



                                          CORAM : A. S. GADKARI, J.

DATE : 15th FEBRUARY, 2021.

P.C.:-

The Applicant has been convicted under Section 138 of the

Negotiable Instruments Act and is sentenced to suffer simple imprisonment

for one month and to pay compensation along with interest thereon, as per

the directions issued by the Trial Court in the operative part of the

impugned Judgment and Order dated 19 th "August, 2014 in C.C.

No.1262/SS/2013, passed by learned Metropolitan Magistrate, 6 th Court,

(Mazgaon) at Sewree, Mumbai.

The Criminal Appeal No.841 of 2014 preferred by the

Applicant has been dismissed by the Additional Sessions Judge, Greater

Mumbai, by its Judgment and Order dated 9th February, 2016.

2 Today, this Court has passed an Order in Criminal Application

No.39 of 2021 filed by the Applicant herein, on the basis of the Consent

Terms dated 8th February, 2021 filed by the parties herein, which is annexed

as Exh-'A' to the said Application.

3 In view of the fact that, the parties herein have settled the

matter amicably and the Respondent No.1 has no grievance against the

Applicant, as he has received entire amount as per the consent terms, at the

joint request of the Applicant and the Respondent No.1, the Applicant is

permitted to compound the said offence under Section 138 of the

ssm 3 1-revn142.16-gp.doc

Negotiable Instruments Act.

4 Accordingly, the impugned Orders dated 19th August, 2014,

passed in C.C. No.1262/SS/2013, by learned Metropolitan Magistrate, 6th

Court, (Mazgaon) at Sewree, Mumbai and 9 th February, 2016, passed in

Criminal Appeal No.841 of 2014, by the Additional Sessions Judge, Greater

Mumbai, are hereby quashed.

Criminal Revision Application No.142 of 2016, is accordingly

allowed.

5 In view of disposal of Criminal Revision Application No.142 of

2016, nothing survive in Criminal Application Nos. 132 of 2016, 133 of

2016 and I.A. No.1108 of 2020 and the same are also disposed off.

(A.S. GADKARI, J.) Digitally signed by Sanjiv S. Sanjiv S. Mashalkar Mashalkar Date: 2021.02.23 17:46:17 +0530