Bombay High Court
Paresh Dave vs Kings Empires Heights Pvt. Ltd. ... on 23 July, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
RUPALI 5. APL 714-2018.doc
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2021.08.03
14:02:13
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 714 OF 2018
Paresh Dave ...Applicant
Versus
1. Kings Empires Heights Pvt.Ltd.
2. State of Maharashtra ...Respondents
ALONGWITH
CRIMINAL APPLICATION NO. 738 OF 2018
Paresh Dave ...Applicant
Versus
1. Kings Empires Heights Pvt.Ltd.
2. State of Maharashtra ...Respondents
Mr. A.K.Chauhan for the Applicant.
Mr. Mehul Shah for the Respondent No.1.
Mr. A.D.Kamkhedkar, A.P.P for the Respondent No.2-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd JULY, 2021
(Through Video Conferencing)
P.C. :
1. Both the Criminal Applications i.e. Criminal Application
Nos.714 of 2018 and 738 of 2018 are taken up for final disposal, having
regard to the settlement arrived at between the parties i.e. between the
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5. APL 714-2018.doc
Applicant and the Respondents.
2. Mr. Pankaj Shah, Managing Director of Respondent No.1 M/s
Kings Empires Heights Private Limited has filed a common affidavit-cum-
declaration in both the aforesaid applications. The said affidavit-cum-
declaration is dated 18th May, 2021. In the said affidavit-cum-declaration,
duly affirmed by Mr. Pankaj Shah, Managing Director of Respondent No.1,
it is stated that he has been authorized by the Board of Directors vide
Resolution dated 12th May, 2021 to fully and finally settle all the claims
relating to the cases in question i.e. C.C.No.13375/SS/2010 and C.C.
No.13376/SS/2010. It is further stated that the Respondent No.1/company
had filed the aforesaid two cases in the 50th Metropolitan Magistrate Court,
for dishonour of two cheques bearing No.000315 dated 7 th June, 2010,
drawn on YES Bank, Goregaon (West) branch in the sum of Rs.20,00,000/-
and another cheque bearing No.115558 dated 31 st May, 2010 drawn on
HSBC Bank, Vile Parle Branch in the sum of Rs.20,00,000/-, in favour of
the Respondent No.1. It is not in dispute that in both the cases, the
Applicant was convicted vide Judgment and Order dated 6 th May, 2014, for
the offences punishable under Section 138 of the Negotiable Instruments
Act and that the said Judgments and Order convicting and sentencing the
Applicant under Section 138 of the Negotiable Instruments Act was
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5. APL 714-2018.doc
confirmed by the Appellate Court i.e. Sessions Court in Criminal Appeal
Nos. 505 of 2014 and 506 of 2014 vide Judgment and Order dated 30 th
March, 2017. Being aggrieved by the said Judgment and Orders, the
aforesaid applications i.e. Criminal Application Nos.714 of 2018 and 738 of
2018 have been filed.
3. Both the aforesaid applications were admitted by this Court
vide order dated 4th October, 2018 and the Applicant's sentences were
suspended. The Applicant was directed to deposit the compensation
amount of Rs.23,00,000/- in each of the cases, in the Registry of this Court.
Admittedly, the said amounts have been deposited by the Applicant in the
Registry of this Court.
4. In the interregnum, during the pendency of the applications, the
complainant i.e. Respondent No.1 settled the dispute with the Applicant in
both the aforesaid applications. It is further stated that in terms of the
settlement arrived at between the parties, the Respondent No.1 be permitted
to withdraw the amount from the Registry of this Court alongwith interest
accrued thereon. The complainant i.e. Respondent No.1 has also given his
no objection for quashing of both the criminal cases i.e. C.C.Nos.
13375/SS/2010 and 13376/SS/2010 as well as the Judgment and Order
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dated 6th May, 2014 passed by the learned Metropolitan Magistrate and the
Judgment and Order dated 30th March, 2017 passed by the Appellate Court,
in view of the settlement arrived at between the parties.
5. Learned Counsel for the Applicants, on the instructions of the
Applicant in Criminal Application Nos. 714 of 2018 and 738 of 2018, states
that in view of the settlement, the Applicant has no objection if the
Respondent No.1 is permitted to withdraw the said amounts deposited by
the Applicant in both the aforesaid applications i.e. Rs.23,00,000/- in each
of the applications alongwith the interest accrued thereon. Statement
accepted.
6. In view of the settlement between the Applicant as well as
Respondent No.1 as aforesaid, the impugned Judgments and Orders dated
6th May, 2014 passed by the learned Magistrate in C.C.No.13375/SS/2010
and C.C.No. 13376/SS/2010; as well as the Judgments and Orders dated
30th March, 2017 passed by the learned Sessions Judge, confirming the said
conviction and sentence, are quashed and set aside and the Applicant is
acquitted of the offence in both the cases i.e. C.C.No.13375/SS/2010 and
C.C.No. 13376/SS/2010.
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7. The Respondent No.1 is permitted to withdraw the amounts
deposited by the Applicant i.e. Rs. 23,00,000/- in each of the applications
alongwith interest accrued thereon, if any, on furnishing proof of his
identity.
8. The Applicant to deposit costs of Rs.50,000/- in each of the
applications, with the TATA Cancer Children's Hospital, Parel, Mumbai,
within four weeks from today and the receipt of the said payment be filed in
the Registry of this Court.
9. Rule is made absolute on aforesaid terms. Criminal
Application Nos. 714 of 2018 and 738 of 2018 are disposed of accordingly.
10. Matter to be listed on 27th August, 2021 for recording
compliance of the said deposit.
11. All concerned to act on the authenticated of this order.
REVATI MOHITE DERE, J.
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