Shyamlal Mohanlal Soni vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15663 Bom

Rane                          1/3          REVN(ST)-16837-2021(SR.20)
                                                      October 29,2021.


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

          CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION (ST.) NO.16837 OF 2021
                 ALONGWITH
    INTERIM APPLICATION NO. 16840 OF 2021
                 (FOR DELAY)
                 ALONGWITH
    INTERIM APPLICATION NO. 16841 OF 2021
                 (FOR BAIL)



Shyamlal Mohanlal Soni                    ....Applicant
     V/s.
State of Maharashtra & anr.               .....Respondents

                     ****

Mr. Moin Khan i/by. Ms. Anjali Awasthi, Advocate for the
applicant.

Ms. Veera Shinde, APP for State-respondent no.1.

Mr. M.D. Mali, Advocate for respondent no.2.

               Coram : Sandeep K. Shinde, J.

Friday, 29th October, 2021.

P.C. :

1. Heard.

2. Kantilal Chhogalalji Soni (complainant)-respondent

no.2 is present. He is identified by his Advocate. Applicant's

conviction under Section 138 of the Negotiable Instruments Act,

has been confirmed in Criminal Appeal No.1134/2014, by Rane 2/3 REVN(ST)-16837-2021(SR.20) October 29,2021.

judgment and order dated 5th March, 2019. Pursuant thereto,

applicant has been taken into custody. However, feeling

aggrieved by the conviction and sentence, accused has preferred

the subject revision under Section 397 of the Criminal Procedure

Code.

3. Pending revision, an application is moved purportedly

under Section 147 of the Negotiable Instruments Act, for

compounding the offence. It is submitted that, parties have

settled the dispute and the same is confirmed by the complainant

who is present in the Court. In view of the facts stated above,

the offence in question is compounded. In the result, the revision

is disposed off and the applicant is directed to be released

forthwith, if not required in any other case. In consequence,

conviction and sentence passed in C.C. No.6315/SS/2012 under

Section 138 of the Negotiable Instruments Act, is quashed and

set aside. Revision Application stands disposed off.

4. With disposal of the revision application, all interim

applications therein also do not survive. The same also stand

disposed off.

Rane 3/3 REVN(ST)-16837-2021(SR.20) October 29,2021.

5. All concerned to act on authenticated copy of this

order.

NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2021.10.29 (Sandeep K. Shinde, J.) 19:06:18 +0530