Bombay High Court
M/S Prime Enter Prises And Anr vs Soham Yogesh Shah And Anr on 14 July, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.100 OF 2022
WITH
INTERIM APPLICATION NO.606 OF 2022
AND
INTERIM APPLICATION NO.605 OF 2022
M/s.Prime Enter Prises and Anr. .. Applicants
Versus
Sohan Yogesh Shah and Anr. .. Respondents
WITH
CRIMINAL REVISION APPLICATION NO.101 OF 2022
WITH
INTERIM APPLICATION NO.607 OF 2022
AND
INTERIM APPLICATION NO.608 OF 2022
M/s.Prime Enter Prises and Anr. .. Applicants
Versus
Sagar Atul Shah and Anr. .. Respondents
......
Mr.Sudeep Pasbola i/b.. Mr.Jayant Gohil, Advocate for the Applicants.
Mr.Vimlesh Singh, Advocate for Respondent No.1.
Mr.Arfan Sait, APP for Respondent No.2-State.
......
CORAM : PRAKASH D. NAIK J.
DATED : JULY 14, 2022.
P.C. :
The parties have resolved the dispute. The Revision
applicant has been convicted for an offence punishable under Section
138 of Negotiable Instruments Act. The compensation amount was
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directed to be deposited in both the proceedings to the tune of
Rs.12,50,000/- along with interest accrued therein by the trial Court.
2 Learned counsel for the revision applicant on
instructions from the applicant, who is present in the court submits
that the applicant would hand over Demand Draft in the sum of Rs.
7,00,000/- to the respondent No.2, who is present in the Court. Two
Demand Draft's for amount of Rs.3,50,000/- each bearing Nos.
000584 & 000585 drawn on HDFC Bank are handed over to the
Respondent No.1 in the Court.
3 Learned counsel for the applicant further submitted that
the amount of Rs.1,50,000/- deposited before the Trial Court may be
allowed to be withdrawn by complainant.
4 Learned advocate for the applicant submitted that
amount of Rs.1,30,000/-, in respect to both the revision applications
has been handed over to the complainant by Demand Draft. The
photocopies of the Demand Draft are placed on record. It is further
submitted that the amount of Rs.20,000/-, would be handed over to
the complainant in the Court today. The receipt regarding deposit of
Rs.1,50,000/- has been handed over to the advocate for the
complainant.
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5 Considering the aforesaid circumstances, I pass the
following order:
:: O R D E R ::
(I) Criminal Revision Application Nos.100 and 101 of 2022,
are allowed;
(ii) The sentence imposed vide judgment and order dated
18th January, 2017, passed by learned Metropolitan
Magistrate 6th Court, Mazgaon at Sewree in CC
No.1129/SS/2016, and, confrmed by the Sessions Court
vide judgment and order dated 17 th December, 2021,
passed in Criminal Appeal No.117 of 2017, is set aside
and the revision application, is acquitted for offence
under Section 138 of Negotiable Instruments Act;
(ii) The sentence imposed vide judgment and order dated
18th January, 2017, passed by learned Metropolitan
Magistrate 6th Court, Mazgaon at Sewree in CC
No.1130/SS/2016, and, confrmed by the Sessions Court
vide judgment and order dated 17th December, 2021,
passed in Criminal Appeal No.118 of 2017, is set aside
and the revision application, is acquitted for offence
under Section 138 of Negotiable Instruments Act;
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(iii) The amount of Rs.75,000/-, deposited by the revision
applicant in each case (total amount of Rs.1,50,000/-),
i.e. in CC No.1129/SS/2016 and 1130/SS/2016, before
the learned Metropolitan Magistrate 6th Court at
Mazgaon, is allowed to be withdrawn by the
complainant;
(iv) The amount of Rs.10,000/-, each, deposited by the
revision applicant in CC No.1129/SS/2016 and 1130/SS/
2016, is allowed to be withdrawn by the revision
applicant;
(v) The revision applicant shall cooperate the complainant
in withdrawal of the amount;
(vi) Revision Applications stand disposed of;
(vii) All Interim Applications stand disposed of accordingly.
(PRAKASH D. NAIK, J.)
