Bombay High Court
Milind Yenge Reddy vs The State Of Maharashtra on 19 July, 2022
Bench: Prakash Deu Naik
Ethape 1 10-Revn-383-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
REVISION APPLICATION NO. 383 OF 2018
Milind Yenge Reddy Applicant
Digitally signed
Versus
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.07.21
14:37:59 +0530
Digitally signed
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
The State of Maharashtra Respondent
WITH
Date: 2022.07.21
14:35:08 +0530
INTERIM APPLICATION NO. 1875 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 383 OF 2018
Chunilal J. Patel Applicant.
Versus
Milind Yenge Reddy & Anr. Respondents.
Mr. Shashikant P. Chaudhary a/w Snehal S. Chaudhary
for the applicant in Revision Application.
Ms. Maya Dave for Applicant in IA/1875/2022 and
Respondent No.2 in Revn Appln.
Mr. Chunilal J. Patel present in the Court.
Mr. Milind Y. Reddy present in court.
Mr. S. R. Agarkar, APP for respondent/State.
CORAM : PRAKASH D. NAIK, J.
DATE : 19th July 2022
PC :
1. Revision applicant has been convicted for the
offence punishable under Section 1388 of Negotiable
Instruments Act vide judgment and order dated
07.04.2012 passed by learned Metropolitan Magistrate
Ethape 2 10-Revn-383-2018.doc
138rd Court Dadar Mumbai in C.C. No. 13808427/SS/2011.
The revision applicant has been sentenced to undergo
simple imprisonment till rising of the Court. He was
directed to pay compensation of Rs.1,90,000/- to
complainant. The applicant had preferred Criminal
Revision Application No. 159 of 2012 before Sessions
Court which has been dismissed by order dated
380.04.20138.
2. Learned advocate representing both sides
submitted that the parties have settled the dispute and
executed consent terms. Parties are present in the
Court. In the consent terms, it is mentioned that the
applicant had paid an amount of Rs. 638,3840/- and
deposited amount of Rs. 385,000/- as per the direction of
this Court. Thus, revision applicant had deposited
Rs.98,3840/- out of Rs.1,90,000/-. The balance amount
of Rs.91,660/- is agreed to be paid to the revision
applicant in accordance with consent terms. The
advocate for revision applicant has handed over the
demand draft of Rs. 91,660/- issued on Bank of Baroda,
Horniman Circle, Branch Mumbai in favour of
Ethape 3 10-Revn-383-2018.doc
respondent Mr. Chunilal J. Patel to the respondent/
complainant. Amount deposited earlier has been
withdrawn by complainant. The complainant had
agreed that the revision applicant may be acquitted for
the offence under Section 1388 of Negotiable
Instruments Act by setting aside the impugned
judgment of conviction.
38. The consent terms are taken on record and
marked 'X' for identifcation.
4. In view of the aforesaid circumstances, the
revision application can be allowed.
ORDER
(i) Criminal Revision Application No. 38838 of 2018 is
allowed and disposed of.
(ii) The impugned judgment and order dated
07.04.2012 passed by Metropolitan Magistrate 138 th
Court, Dadar and confrmed vide judgment and order
dated 380.04.20138 passed by Ad-hoc Additional Sessions
Judge, Sewree, Mumbai in Criminal Revision Application
No. 159 of 2012 are set aside and the revision applicant
Ethape 4 10-Revn-383-2018.doc
is acquitted for the offence under section 1388 of N.I.
Act.
(iii) Interim Application No. 1875 of 2022 stands
disposed of accordingly.
(PRAKASH D. NAIK, J.)
