Shantikumar Kripashankar Pandey vs Vijayprakash R. Dubey And Anr
2021 Latest Caselaw 5833 Bom

 Tauseef                                                        04-REVN.595.2019.doc



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                CRIMINAL REVISION APPLICATION NO.595 OF 2019
                                   WITH
                CRIMINAL INTERIM APPLICATION NO.1550 OF 2019
                                   WITH
                CRIMINAL INTERIM APPLICATION NO.1549 OF 2019


Shantikumar Kripashankar Pandey                         ...Applicant
            V/s.
Vijayprakash R. Dubey & Anr.                            ...Respondents


Mr. A. K. Shukla a/w Ms. Shweta Tiwari for Applicant.
Mr. Vijayprakash R. Dubey, Advocate for Respondent No.1.
Mr. A. R. Patil, APP for Respondent No.2 (State).


                                    CORAM   : A. S. GADKARI, J.

                                    DATE    : 31st MARCH, 2021.

P.C. :

1. Learned counsel for the Revision Applicant submitted that, the

Applicant and Respondent No.1 have settled the matter amicably and have

entered into the Compromise Deed dated 10th March 2021.

The Respondent No.1 Mr. Vijayprakash R. Dubey is personally

present in the Court and admitted the said Compromise Deed. He further

submitted that, he has no objection, if the impugned Judgments and

Orders are quashed and set aside and the Applicant be acquitted from the

offence punishable under Section 138 of the Negotiable Instruments Act,

1881 (for short 'the N.I. Act').

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  Tauseef                                                          04-REVN.595.2019.doc

The Compromise Deed dated 10th March 2021 is signed by the

Applicant and Respondent No.1 and their signatures have been identified

by Advocate Mr. A. K. Shukla. The said Compromise Deed is taken on

record and marked 'X' for identification.

2. In view of the settlement arrived at between the Applicant and

Respondent No.1, the impugned Judgments and Orders dated 1 st March

2018, passed by the learned Judicial Magistrate, First Class, Court No.8,

Thane, in S.C.C. No.9166 of 2013 and dated 26th November 2019, passed

by the learned Ad-hoc District Judge-2, Thane, in Criminal Appeal No.68

of 2018 are quashed and set aside. Applicant is acquitted from the offence

punishable under Section 138 the N.I. Act in the said case.

3. Revision Application is allowed in the aforesaid terms.

4. In view of the disposal of Revision Application No.595 of 2019

and Interim Application No.1550 of 2019, does not survive and are

accordingly disposed of.

(A. S. GADKARI, J.)

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