Rashmin Vasa vs Compuage Infocom Ltd And Anr
2021 Latest Caselaw 3420 Bom

osk                                                    14-Revn-44-2021.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

             CRIMINAL REVISION APPLICATION NO. 44 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 646 OF 2021

Rashmin Vasa                                           ... Applicant
     V/s.
Compuage Infocom Ltd. & Anr.                           ... Respondents


Mr.Sameer Nangre for Applicant.
Mr.Francis Fernandes for Respondent No.1.
Mr.A.R. Patil, A.P.P. for Respondent No.2-State.


                                      CORAM : A.S. GADKARI, J.

DATE : 23rd 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

1 year and to pay compensation of Rs.8,27,180/- along with simple interest

accrued thereon at the rate of 9% per annum to the respondent No.1 till its

realization by the learned Metropolitan Magistrate, 33 rd Court, Ballard Pier,

Mumbai, by its Judgment and Order dated 25th January 2019.

The Criminal Appeal No. 168 of 2019 preferred by the applicant

has been dismissed by the learned 2 nd Additional Principal Judge and Special

Judge, Greater Mumbai by its Judgment and Order dated 17th February 2021.

osk 14-Revn-44-2021.odt

2. Learned counsel appearing for the respondent No.1 submitted

that, the applicant and the respondent No.1 have settled the matter amicably

and in pursuance of their settlement, the respondent No.1 has received agreed

amount from the applicant. He submitted that, the respondent No.1 has no

grievance against the applicant, as of today, with respect to the cheque

involved in the present proceedings. He tendered across the bar an Affidavit

dated 18th February 2021 affirmed by the authorized representative of the

respondent No.1 in that behalf. The said affidavit is taken on record and

marked 'X' for identification.

In the said Affidavit, the authorized representative of the

respondent No.1 has stated that, the respondent No.1 has no objection to

quash and set-aside the impugned Judgments and Orders passed by the

Courts below, as the applicant and the respondent No.1 have settled the

matter amicably.

3. In view of the above and the Affidavit filed by the authorized

representative of the respondent No.1, the applicant is permitted to

compound the offence and is accordingly compounded. Impugned Judgments

and Orders dated 25th January 2019 passed by the Metropolitan Magistrate,

33rd Court, Ballard Pier, Mumbai in CC No. 152/SS/2017 and dated 17 th

February 2021 passed by 2nd Additional Principal Judge and Special Judge,

Greater Mumbai in Criminal Appeal No. 168 of 2019 are quashed.

osk 14-Revn-44-2021.odt

4. Revision Application is allowed in the aforesaid terms.

5. In view of disposal of Revision Application, Interim Application

No.646 of 2021 does not survive and is accordingly disposed off.

6. All the concerned to act on the basis of the authenticated copy of

this Order.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Date:

Kumbhakarn 2021.02.24 14:13:07 +0530