Bombay High Court
M/S Matrix Cropsciences Pvt. Ltd. ... vs M/S Bhansali Petrochem Pvt. Ltd. ... on 6 June, 2022
Bench: Prakash Deu Naik
41-REVN-369-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 369 OF 2019
WITH
CRIMINAL APPLICATION NO. 376 OF 2019
WITH
CRIMINAL APPLICATION NO. 377 OF 2019
M/s. Matrix Cropsciences Pvt. Ltd. And Anr. ...Applicants
Versus
M/s. Bhansali Petrochem Pvt.Ltd.and Anr. ...Respondents
WITH
CRIMINAL INTERIM APPLICATION NO. 1043 OF 2020
IN
CRIMINAL REVISION APPLICATION NO. 369 OF 2019
M/s. Bhansali Petrochem Private Limited ...Applicant
Versus
Matrix Cropsciences Pvt.Ltd.and Ors. ...Respondents
ALONGWITH
CRIMINAL REVISION APPLICATION NO. 371 OF 2019
WITH
CRIMINAL APPLICATION NO. 379 OF 2019
WITH
CRIMINAL APPLICATION NO. 380 OF 2019
M/s. Matrix Cropsciences Pvt. Ltd. And Anr. ...Applicants
Versus
M/s. Bhansali Petrochem Pvt.Ltd.and Anr. ...Respondents
WITH
CRIMINAL INTERIM APPLICATION NO. 1042 OF 2020
IN
CRIMINAL REVISION APPLICATION NO. 371 OF 2019
M/s. Bhansali Petrochem Private Limited ...Applicant
Versus
Matrix Cropsciences Pvt.Ltd.and Ors. ...Respondents
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date:
JAMADAR 2022.06.07
15:25:21
+0530 Sajakali Jamadar 1 of 5
41-REVN-369-2019.doc
ALONGWITH
CRIMINAL REVISION APPLICATION NO. 372 OF 2019
WITH
CRIMINAL APPLICATION NO. 381 OF 2019
WITH
CRIMINAL APPLICATION NO. 382 OF 2019
M/s. Matrix Cropsciences Pvt. Ltd. And Anr. ...Applicants
Versus
M/s. Bhansali Petrochem Pvt.Ltd.and Anr. ...Respondents
WITH
CRIMINAL INTERIM APPLICATION NO. 1044 OF 2020
IN
CRIMINAL REVISION APPLICATION NO. 372 OF 2019
M/s. Bhansali Petrochem Private Limited ...Applicant
Versus
Matrix Cropsciences Pvt.Ltd.and Ors. ...Respondents
....
Mr. Jamshed Ansari for the Applicants in all matters.
Ms. Riddhi Gala i/by Mr. Mukesh J. Pabari, Advocate for Respondent
No.1.
Mr. Arfan Sait, A.P.P for the Respondent -State.
CORAM : PRAKASH D. NAIK, J.
DATE : 6th JUNE, 2022.
PER COURT:
1. The revision applicants in all these applications were
prosecuted for offence punishable under Section 138 of Negotiable
Instruments Act vide Criminal Case No.298/SS/2011, Criminal
Case No.337/SS/ 2011 and Criminal Case No.338/SS/2011.
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41-REVN-369-2019.doc
2. The applicants were convicted in respective complaints
which was subject matter of these applications by the trial Court for
offence punishable under Section 138 of Negotiable Instrument Act
vide judgment and orders dated 2nd January, 2017 passed by the
Court of learned Metropolitan Magistrate, 6 th Court, Mazgaon,
Mumbai. The judgment of the trial Court was challenged before
the Sessions Court by preferring Appeals. Those appeals were
dismissed vide judgment and orders dated 29 th June, 2019. These
orders are under challenge in these revision applications.
3. Learned Advocate for the applicants as well as
respondent No.1/complainant submitted that the parties have
settled the disputes and executed the consent terms. The said
consent terms are placed on record. It is submitted that, in view of
the consent terms the impugned judgments of conviction passed by
the court of learned Metropolitan Magistrate as well as Sessions
Court be quashed and set aside. It is submitted that the entire
amount involved in this proceedings has been parted to the
complainant.
4. In view of the consent terms, Revisions Applications
are required to be allowed by setting aside the judgment of
conviction.
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41-REVN-369-2019.doc
5. Hence, I pass the following order:
ORDER
i. Criminal Revision Application No. 369 of 2019 is
allowed;
ii. Judgment and order dated 2nd January, 2017 passed by
learned Metropolitan Magistrate, 6th Court, Mazgaon at
Sewree, Mumbai in C.C. No.298/SS/2011 and judgment and
order dated 29th June, 2019 passed by learned Additional
Sessions Judge, City Civil and Sessions Court for Greater
Bombay in Criminal Appeal No.54 of 2017 is set aside and the
revision applicants in Criminal Revision Application No.369 of
2019 are acquitted.
iii. Criminal Revision Application No. 371 of 2019 is
allowed;
iv. Judgment and order dated 2nd January, 2017 passed by
learned Metropolitan Magistrate, 6th Court, Mazgaon at
Sewree, Mumbai in C.C. No.337/SS/2011 and judgment and
order dated 29th June, 2019 passed by learned Additional
Sessions Judge, City Civil and Sessions Court for Greater
Bombay in Criminal Appeal No.55 of 2017 is set aside and the
revision applicants in Criminal Revision Application No.371 of
2019 are acquitted.
v. Criminal Revision Application No. 372 of 2019 is
allowed;
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41-REVN-369-2019.doc
vi. Judgment and order dated 2nd January, 2017 passed
by learned Metropolitan Magistrate, 6 th Court, Mazgaon at
Sewree, Mumbai in C.C. No.338/SS/2011 and judgment and
order dated 29th June, 2019 passed by learned Additional
Sessions Judge, City Civil and Sessions Court for Greater
Bombay in Criminal Appeal No.56 of 2017 is set aside and the
revision applicants in Criminal Revision Application No.372 of
2019 are acquitted.
vii. The amount deposited by the Revision applicants
before the trial Court is permitted to be withdrawn by the
complainant/respondent No.1.
viii. All Revision Applications along with Interim
Applications and Criminal Applications are disposed of
accordingly.
(PRAKASH D. NAIK, J.)
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