Dilip Shankar Dhamale vs Veena Anil Karande And Ors
2021 Latest Caselaw 5593 Bom

                                                           18.cri.revn.87.2021 witH I.A.1086.2021.doc

Tandale
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL REVISION APPLICATION NO.87 OF 2021
                                               WITH
                           CRIMINAL INTERIM APPLICATION NO.1086 OF 2021

          Dilip Shankar Dhamale                                           .... Applicant.
                             Vs.
          Veena Anil Karande and Anr.                                     .... Respondents.


          Mr. Rahul Kashid for the Applicant.
          Mr. Sagar Sampat for the Respondent No.1.
          Mr. A.R. Patil, APP for the Respondent No.2-State.


                                                    CORAM : A. S. GADKARI, J.

DATE : 24th MARCH, 2021.

P.C.:-

1. Learned counsel for the applicant/accused submitted that, the

parties herein have settled the matter amicably and have entered into the

'Consent Terms' dated 24th March 2021. He has tendered across the bar

'Consent Terms' dated 24th March 2021. The said 'Consent Terms' are duly

signed by the applicant and respondent No.1. Their signatures have been

duly identified by the Jailer, Yerwada Central Jail, Pune and the Advocate

on record for the respondent No.1 respectively. The said 'Consent Terms'

are taken on record and marked 'X' for identification.

2. Learned counsel for the applicant/accused further submitted

that, in furtherance of 'Consent Terms', today he has handed over a Demand

18.cri.revn.87.2021 witH I.A.1086.2021.doc

Draft of Rs.2,00,000/- (Rupees Two Lakhs Only) to the learned Advocate

for the respondent No.1. This Court suggested the learned Advocate for the

respondent No.1 that, hearing of the present Application can be deferred till

encashment of the said Demand Draft. He insisted that, there is no need to

wait for the said event and he is confident that, the said Demand Draft will

be encashed.

3. Be that as it may. The parties herein have settled the matter

amicably and the learned Advocate for the respondent No.1, on instructions

has given consent for quashing all the proceedings initiated against the

applicant.

4. In view of the above, the Judgment and Order dated 5 th

January 2018 passed by the learned 2 nd Judicial Magistrate, First Class,

Vadgaon Maval, Pune in S.C.C. No.893 of 2015, thereby convicting the

applicant under Section 138 of the Negotiable Instruments Act 1881, and

the Judgment and Order dated 12th March 2021 passed by the learned

Additional Sessions Judge, Pune in Criminal Appeal No. 100 of 2018,

confirming the Order passed by the Trial Court, are hereby quashed and set

aside. Applicant is acquitted from all the charges framed against him in

S.C.C. No. 893 of 2015.

5. Application is allowed in the aforesaid terms.

6. In view of the disposal of present Revision Application, Interim

Application No.1086 of 2021 does not survive and is accordingly disposed

18.cri.revn.87.2021 witH I.A.1086.2021.doc

off.

7. It is brought to the notice of this Court that, after

pronouncement of Judgment and Order dated 12 th March 2021, by the

learned Appellate Court, the applicant has been taken into custody for

undergoing sentence.

8. In view of the fact that, the proceedings against the applicant

are quashed, applicant be released from Jail forthwith.

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

of this Order.

(A.S. GADKARI, J.)