Tausif Hasan Khan vs Prasad Laxman Dhuri And Anr
2022 Latest Caselaw 4394 Bom

           Digitally signed by
 SWAROOP   SWAROOP
 SHARAD    SHARAD PHADKE
           Date: 2022.04.27
 PHADKE
                                                                    46 revn 23 of 2016.doc
           12:50:03 +0530




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
       CRIMINAL REVISION APPLICATION NO.23 OF 2016

Tausif Hasan Khan                                              ...     Applicant
      versus
Prasad Laxman Dhuri and Anr.                                   ...     Respondents
                                      WITH
                       INTERIM APPLICATION NO.939 OF 2022

Mr. Rameshwar N. Gite, for Applicant in Criminal Revision
Application No.23 of 2016.
Mr. N.M.Nadar h/f Advocate Merchant, for Respondent No.1.
Mr. A.R.Patil, APP, for State.
Mr. Tausif Hasan Khan, Applicant present.
Mr. Prasad Laxman Dhuri, Respondent No.1 present.

                                 CORAM: N.J.JAMADAR, J.

                                 DATE :    26th APRIL, 2022

P.C.

1. Heard the learned Advocates for the Applicant and the

Respondent No.1. On 11th March, 2022 the parties had tendered the

Consent Terms which were taken on record. The matter came to be

posted today to report compliance.

2. The learned Counsel for the parties submit that the

parties have complied with the undertakings recorded in the

Consent Terms. The Respondent No.1 - Original Complainant is

present in Court. He confirms that a sum of Rs.5,60,000/- has been

paid to him. The Applicant and the Respondent No.1 further submit

SSP 1/3 46 revn 23 of 2016.doc

that they have voluntarily executed the Consent Terms and there is

no coercion or duress.

3. In view of the settlement arrived at between the parties

evidenced by the Consent Terms, which the parties state to have

been duly complied with, the offence punishable under Section 138

of the Negotiable Instruments Act, 1881 stands compounded.

4. The order dated 9th January, 2014 passed by the learned

Metropolitan Magistrate in C.C.No.448/SS/2007 thereby convicting

the Applicant for the offence punishable under Section 138 of the

Negotiable Instruments Act, 1881 and sentencing him to suffer

rigorous imprisonment for six months and pay compensation of

Rs.3,00,000/- along with interest @ 9% p.a. from 15 th February, 2007

stands quashed and set aside. The order dated 5 th December, 2015

passed by the Additional Sessions Judge, in Criminal Appeal No.79 of

2014 dismissing the Appeal and confirming the aforesaid judgment

and order of conviction and sentence passed by the learned

Metropolitan Magistrate, also quashed and set aside.

5. The Applicant / Accused - Tausif Hasan Khan stands

acquitted of the offence punishable under Section 138 of the

Negotiable Instruments Act, 1881.

6. The Revision Application thus stands allowed in the

SSP 2/3 46 revn 23 of 2016.doc

aforesaid terms.

7. Interim Application No.939 of 2022 also stands disposed

of.

                                        ( N.J.JAMADAR, J. )




SSP                                                               3/3