Sahadev Sukaji Satardekar vs The State Of Maharashtra And Ors
2021 Latest Caselaw 4857 Bom

                                                                  4-CRIREVN217-2014.DOC
                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                             CRIMINAL REVISION APPLICATION NO. 217 OF 2014


                   Sahadev Sukaji Satardekar                              ...Applicant
                                          Versus
                   The State of Maharashtra and ors.                   ...Respondents

Mr. Mahesh Rawool, for the Applicant.

Smt. Rutuja Ambekar, APP for the State/Respondent no.1. Mr. G. H. Keluskar, for Respondent no.2.

                                                    CORAM:      A. S. GADKARI, J
                                                    DATED:      17th MARCH, 2021

                   PC:-

1. Mr. Rawool, the learned Counsel for the applicant, submitted that

the parties herein have settled the matter amicably and have executed

Consent Terms dated 17th March, 2021. He tendered across the bar,

Consent Terms dated 17th March, 2021. The Consent Terms are duly

signed by the son of the applicant and respondent no.2. The signatures

of the concerned persons have been identified by their respective V. S.

Parekar Digitally signed Advocates. The said Consent Terms are taken on record and marked 'X' by V. S. Parekar Date: 2021.03.19

for identification.

17:18:10 +0530

2. Mr. Rawool submitted that the applicant herein is bedridden due

to brain hemorrhage and therefore, is unable to sign the Consent Terms.

4-CRIREVN217-2014.DOC The Consent Terms are, therefore, signed by the son of the applicant.

He further submitted that the applicant has already paid the agreed

amount to respondent no.2. Mr. Keluskar, the learned Counsel for

respondent no.2, submitted that respondent no.2 has no grievance or

complaint against the applicant as of today and the Consent Terms filed

by the respective parties may be accepted in its entirety.

3. In view of the above, the applicant is permitted to compound

offence under Section 138 of the Negotiable Instruments Act, and it is

accordingly compounded.

4. Impugned judgment and orders dated 16th April, 2009 passed in

Summary Criminal Case No.182 of 2008, by the learned Judicial

Magistrate, First Class, Sawantwadi, and dated 28 th May, 2014 passed in

Criminal Appeal No.17 of 2009, by the learned Sessions Judge,

Sindhudurg, Oros, are hereby quashed and set aside and the applicant

is acquitted for the offene punishable under Section 138 of the

Negotiable Instruments Act, 1881.

5. Application is allowed in the aforesaid terms.

(A. S. GADKARI, J.)