Dilip P. Mehta vs Jayantilal Jethmal Kothari And ...
2022 Latest Caselaw 6039 Bom

                                                                1 of 3                    4.Revn(St).209.2017.doc




                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL REVISION APPLICATION (STAMP) NO.209 OF 2017
                                                           WITH
                                            CRIMINAL APPLICATION NO.190 OF 2017
                                                           WITH
                                            CRIMINAL APPLICATION NO.191 OF 2017
                                                             IN
                                    CRIMINAL REVISION APPLICATION (STAMP) NO.209 OF 2017

                               Dilip P. Mehta                                                 Applicant
                                   versus
                               Jayantilal Jethmal Kothari and another                         Respondents

                               Mr.S.N.Raj with S.M.Chaurasia i/by Raj & Associates, Advocate for
                               applicant.
                               Mr.J.S.Anand, Advocate for respondent no.1.
                               Mr.S.R.Agarkar, APP, for State
                               Mr.Dilip P. Mehta, applicant, present in Court.
                               Mr.Jayantilal J. Kothari, respondent no.1, present in Court.


                                                         CORAM :         PRAKASH D. NAIK, J.

                                                         DATE      :     29th June 2022
                               PC :


                               1.       The revision applicant is convicted by the Court of learned
                               Metropolitan Magistrate, 14th Court, Girgaon, Mumbai vide judgment
                               and order dated 20th January 2014 in CC No.301/SS/2009 for
                               offence u/s.138 of Negotiable Instruments Act and sentenced to
                               suffer    simple   imprisonment     of    three   months     and       to     pay

         Digitally signed by
                               compensation of Rs.2,50,000/- to the complainant.                The appeal
MANISH   MANISH SURESH
SURESH   THATTE

THATTE
         Date: 2022.07.01
         15:00:55 +0530        preferred by the applicant challenging the said conviction was
                               dismissed by the Court of Sessions, Greater Bombay vide judgment
                               and order dated 5th November 2015.
                                  2 of 3                4.Revn(St).209.2017.doc




2.     Criminal Application No.190 of 2015 was preferred by
applicant for condonation of delay of 406 days in preferring revision
application. Criminal Application No.191 of 2017 is for suspension
of sentence and grant of bail.


3.     Learned counsel representing both the sides have submitted
that parties have arrived at settlement and executed consent terms
dated 26th February 2021. The reply filed by respondent no.1 along
with consent terms is placed on record. The consent terms indicate
that amount of Rs.2,50,000/- has been paid to the complainant. In
view of the consent terms, the complainant has no objection for
setting aside the judgment of conviction passed by Trial Court and
confirmed by Appellate Court. The complainant and accused are
present in Court. It is not disputed that amount of Rs.2,50,000/- has
already been parted to the complainant.


4.     It is stated that amount of Rs.50,000/- has been deposited by
the accused before Trial Court. The complainant has no objection for
withdrawal of said amount of Rs.50,000/- deposited before Trial
Court by accused-applicant.


5.     In view of the consent terms, I pass following order :


                                 ORDER

(i) Criminal Application No.190 of 2017 seeking condonation of delay is allowed and disposed of;

(ii) Revision Application (Stamp) No.209 of 2017 is allowed and disposed of;

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(iii) The judgment and order dated 20 th January 2014 passed by Metropolitan Magistrate, 14th Court, Girgaon, Mumbai in CC No.301/ SS/2009 as well as judgment and order dated 5 th November 2015 passed by Additional Sessions Court, Greater Bombay in Criminal Appeal No.138 of 2014, are set aside and Revision Applicant is acquitted of the offence u/s.138 of Negotiable Instruments Act;

(iv) Criminal Application No.191 of 2017 stands disposed of.

(PRAKASH D. NAIK, J.) MST