Bombay High Court
Rajendra Madhukar Kulthe vs Sham Baburao Hire on 30 June, 2022
Bench: Prakash Deu Naik
10-REVN-18-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 18 OF 2021
WITH
INTERIM APPLICATION NO. 1996 OF 2022
Rajendra Madhukar Kulthe ...Applicant
Versus
Sham Baburao Hire ...Respondent
....
Mr. Sachin Gite, Advocate for the Applicant.
Ms. Neelam Yadav, Advocate for Respondent No.1.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 30th JUNE, 2022.
PER COURT:
1. The revision application has been preferred before this Court
challenging the judgment and order dated 28th June, 2016 passed
by the learned J.M.F.C. Nashik road, Nashik in Summary Criminal
Case No.1049 of 2011, wherein the applicant was convicted for
offence under Section 138 of Negotiable Instruments Act, 1881 and
sentenced to suffer imprisonment for 4 months and to pay
compensation of Rs.1,60,000/-. The said judgment and order was
challenged before the Sessions Court by preferring an appeal in
Criminal Appeal No.143 of 2016 which has been dismissed vide
judgment and order dated 21st January, 2021. The revision
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT
JAMADAR
Date:
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10-REVN-18-2021.doc
application has admitted by this Court and the sentence of
imprisonment has been suspended.
2. Learned counsel for the applicant and the Respondent No.1
jointly submitted that the parties have arrived at amicable
settlement by executing the memorandum of understanding which
has been annexed to interim application No.1996 of 2022. It is
submitted that, as per memorandum of understanding the revision
applicant is supposed to pay an amount of Rs.1,25,000/- to the
complainant. The amount of Rs.1,20,000/- has been deposited
before the Sessions Court during the pendency of appeal. Apart
from that the amount of Rs.5,000/- would be paid to the
complainant in cash. It is also submitted that the complainant may
be permitted to withdraw the amount of Rs.1,20,000/- deposited
by the revision applicant before the Court of Sessions. In the event
such application is preferred by the complainant, the revision
applicant would give consent for such withdrawal.
3. In view of the settlement arrived at between the parties, I
pass the following order.
ORDER
i. Criminal Revision Application No.18 of 2021 and
Interim Application No. 1996 of 2022 are allowed and
disposed of;
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ii. The complainant is permitted to withdraw the amount
of Rs.1,20,000/- deposited by the applicant before the Court
of Sessions. In the event such application is preferred by the
complainant for withdrawal of the said amount, the revision
applicant shall give consent for such withdrawal and extend
cooperation.
iii. The balance amount of Rs.5,000/- shall be paid in cash
to complainant within two days from date of uploading this
order.
iv. The impugned judgment order dated 28th June, 2016
passed by the learned J.M.F.C. Nashik road, Nashik in
Summary Criminal Case No.1049 of 2011, and the judgment
and order dated 21st January, 2021 passed by Sessions Court
in Criminal Appeal No.143 of 2016 are quashed and set aside
and the revision applicant is acquitted of the charge under
Section 138 of Negotiable Instruments Act, 1881.
(PRAKASH D. NAIK, J.)
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