Bombay High Court
Shankar S/O. Sayabanna ... vs The State Of Maharashtra And Anr on 29 August, 2022
Bench: Prakash Deu Naik
7-REVN-235-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 235 OF 2016
Shankar S/o. Sayabanna Kunchikurve ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents
WITH
INTERIM APPLICATION NO. 1940 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 235 OF 2016
Dr. Aparna Niteen Prabhu ...Applicant
IN THE MATTER BETWEEN :-
Shankar S/o. Sayabanna Kunchikurve ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Ashok M.Saraogi, Advocate for the Applicant.
Mr. Tushar Nirbhavane, Advocate for Respondent No.2 in revision
application and Applicant in Interim Application.
Mr. A. R. Patil, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 29th AUGUST, 2022.
PER COURT:
1. This revision application is preferred challenging the
impugned judgment and order dated 22nd June, 2022 passed by the
Court of learned Metropolitan Magistrate 72 nd Court, Vikhroli,
Mumbai in Criminal Complaint No.868/SS/2009. Vide judgment
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and order dated 22nd June, 2022, the revision applicant was
convicted for offence under Section 138 of Negotiable Instruments
Act and sentenced to suffer imprisonment for six months and
directed to pay compensation of Rs.5,02,000/- to the complainant.
The judgment of conviction was challenged by preferring Criminal
Appeal No.444 of 2012 before the Sessions Court which was
dismissed by judgment and order dated 15 th March, 2016.
However, the amount of compensation was reduced to
Rs.4,00,000/-.
2. The revision application is admitted and the sentence of
imprisonment has been suspended.
3. The revision applicant has so far deposited the amount of
Rs.3,00,000/- before the Courts below. Interim application No.1940
of 2022 is preferred by the complainant for withdrawal of the
amount deposited before the Courts below.
4. Learned Advocate for the revision applicant submitted that
the matter can be settled. The complainant can be allowed to
withdraw the amount of Rs.3,00,000/- deposited by the revision
applicant and the balance amount of Rs.1,00,000/- would be
deposited by the revision applicant within a period of four weeks
from today, which also may be allowed to withdrawn by the
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original complainant.
5. Learned Advocate for the respondent/complainant submits
that, since the revision applicant has agreed to deposit the amount
of Rs.1,00,000/- and has also agreed for withdrawal of entire
amount of Rs.4,00,000/- by the complainant and this proceedings
can be disposed of. Both the sides had agreed that the revision
application preferred challenging the impugned judgment and
orders passed by the Courts below can be allowed and the matter
can be listed for compliance after a period of four weeks.
6. Considering the aforesaid circumstance, I pass the following
order :
ORDER
i. Criminal Revision Application No. 235 of 2016 is
allowed and disposed off;
ii. Impugned judgment and order dated 22 nd June, 2022
passed by the Court of learned Metropolitan Magistrate 22 nd
Court and modified by judgment and order dated 15 th March,
2016 passed by the Sessions Court in Criminal Appeal No.444
of 2012 are set aside and the revision applicant is acquitted
for offence punishable under Section 138 of Negotiable
Instruments Act.
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iii. The complainant/respondent No.1 is allowed to
withdraw the amount of Rs.3,00,000/- deposited by the
revision applicant before the Courts below.
iv. The revision applicant shall cooperate with the
complainant for withdrawal of the said amount.
v. The revision applicant shall deposit the balance
amount of Rs.1,00,000/- before the trial Court within a period
of four weeks and the complainant is also allowed to
withdraw the said amount.
vi. The further amount of Rs.1,00,000/- has to be
deposited within a period of four weeks and the revision
application be listed 'for compliance' on 30th September, 2022.
vii. Interim Application is disposed off accordingly.
(PRAKASH D. NAIK, J.)
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