Bombay High Court
Yeshwant Shivanand Rao vs Parmiladevi Hasmukhlal Jain ... on 5 August, 2022
Bench: Prakash Deu Naik
1 of 3 14.REVN.108.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.108 OF 2019
Yeshwant Shivanand Rao Applicant
versus
Parmiladevi Hasmukhlal Jain
(wife of Legal Heir of deceased Mr.
Hasmukh S. Gala) Respondent
Ms.Neha N. Chhajalane, Advocate for applicant.
Mr.Ranvir Shekhawat i/by Raj Legal, Advocate for respondent no.1.
Mr.R.P.Shirole, Advocate for respondent nos.1a to 1c.
Mr.S.R.Agarkar, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 5th August 2022
PC :
1. Learned Advocate Mr.Ranvir Shekhawat is discharged from
appearing in this proceeding since new advocate is representing
complainant.
2. The revision applicant has been convicted for the offence
u/s.138 of Negotiable Instruments Act (`N.I.Act') vide judgment and
order dated 22nd April 2016 passed by Metropolitan Magistrate, 53rd
Court, Mulund, Mumbai, in Criminal Case No.152/SS/2010 for
offence u/s.138 of N.I.Act and sentenced to suffer simple
imprisonment for three months and directed to pay compensation of
Rs.10 lakh. The said judgment of conviction was challenged by
Digitally signed by
MANISH MANISH SURESH
SURESH THATTE
Date: 2022.08.06
THATTE 12:08:34 +0530
preferring appeal before the Court of Sessions. The appeal was
dismissed by judgment and order dated 15th January 2019 by learned
Additional Session Judge, Greater Bombay in Criminal Appeal
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No.418 of 2019. Pursuant to the said order present revision
application has been preferred before this Court.
3. Vide order dated 18th September 2019 the sentence imposed
by the Courts below was suspended and revision applicant was
directed to be released on bail. Thereafter Interim Application
No.2825 of 2021 was preferred at the instance of complainant
stating that complainant was expired on 5 th August 2020 and legal
representatives of complainant may be permitted to be impleaded in
this revision application. The said application was allowed by
granting such permission vide order dated 25th November 2021.
4. Learned advocate appearing for both sides submitted that
there is settlement between revision applicant and legal
representatives of complainant who were brought on record in
accordance with order of this Court. Parties have executed consent
terms. As per consent terms it is agreed by the revision applicant
and the legal representatives of complainant that the matter should
be settled on payment of Rs.5,00,000/- (Rs.Five lakh only). It is
submitted that the amount of Rs.2,00,000/- has been deposited by
revision applicant before Sessions Court during pendency of appeal
which may be allowed to be withdrawn by legal representatives of
complainant. The revision applicant has brought demand draft of
Rs.3,00,000/-. The demand draft dated 5 th August 2022 drawn on
Canara Bank for Rs.3,00,000/- drawn in the name of wife of original
complainant is handed over to the legal representatives (wife and
son of complainant) who are present in the Court. They have
confirmed that there is settlement between parties and they have no
objection for setting aside the conviction. Receipt of deposit of
amount of Rs.2,00,000/- in the Sessions Court shall be provided to
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the wife of original complainant. The revision applicant shall co-
operate with the wife of complainant for withdrawal of amount
from Sessions Court of Greater Bombay.
5. The consent terms dated 5th August 2022 are taken on record
and marked "X" for identification.
ORDER
(i) Revision Application No.108 of 2019 is allowed and disposed
of;
(ii) The judgment and order dated 22nd April 2016 passed by
Metropolitan Magistrate, 53rd Court, Mulund, Mumbai, in Criminal
Case No.152/SS/2010 convicting revision applicant for offence
u/s.138 of Negotiable Instruments Act as well as judgment and order
dated 15th January 2019 by learned Additional Session Judge,
Greater Bombay in Criminal Appeal No.418 of 2019 are quashed and
set aside and revision applicant is acquitted;
(iii) The revision applicant shall co-operate with the wife of
original complainant in withdrawal of Rs.2,00,000/- deposited by
him in Sessions Court;
(iv) Receipt of deposit of Rs.2,00,000/- be provided by revision
applicant to the wife of original complainant;
(v) Learned advocate Mr.R.P.Shirole is permitted to tender his
Vakalatnama for legal representatives of original complainant in
Court.
(PRAKASH D. NAIK, J.)
MST
