Ranjeet S/O Tribeni Singh Rajawat vs The State Of Maharasthra And Anr
2022 Latest Caselaw 2298 Bom

                                                                              6. REVN 678-2016.doc

          Digitally
          signed by

RUPALI
RAJESH
          RUPALI
          RAJESH
          WAKODIKAR
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WAKODIKAR Date:

                                      CRIMINAL APPELLATE JURISDICTION
          2022.03.10
          10:39:19
          +0530



                                CRIMINAL REVISION APPLICATION NO. 678 OF 2016
                                                     ALONGWITH
                                    CRIMINAL APPLICATION NO. 700 OF 2016


                       Ranjeet S/o.Tribeni Singh Rajawat                 ...Applicant
                           Versus
                       The State of Maharashtra and Anr.                 ...Respondents

                       Mr. Rakesh Mishra for the Applicant.

                       Mr. A.R.Patil, A.P.P for the Respondent No.1-State.

                       Mr. Daljeet Singh Bhatia i/b Mr. Milind Nakashe for the Respondent No.2.


                                                 CORAM : REVATI MOHITE DERE, J.

DATE : 8th MARCH, 2022

P.C. :

1. Heard learned Counsel for the parties.

2. Learned Counsel for the applicant and learned Counsel for the

respondent No.2 state that the applicant and respondent No.2 have

amicably settled their dispute and have entered into Consent Terms.

Learned Counsel has tendered the Consent Terms entered between the

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6. REVN 678-2016.doc

parties. The said Consent Terms are taken on record and marked 'X' for

identification.

3. It is mentioned in clause 2 of the said Consent Terms that the

respondent No.2 has received the entire cheque amount by Demand Draft

dated 23rd February, 2022 for a sum of Rs. 6,10,000/-. The respondent

No.2 has also given his no objection for quashing and setting aside of the

impugned Judgment and Order passed by the trial Court as well as by the

Appellate Court having regard to the settlement between them in para 5 of

the Consent Terms. It is also stated that the conviction warrant issued also

be quashed and set aside in view of the dispute having been settled and the

applicant be acquitted of the offence punishable under Section 138 of the

Negotiable Instruments Act.

4. The applicant and the respondent No.2 are present in person.

The respondent No.2 reiterates what is stated in the said Consent Terms i.e.

of receipt of the cheque amount and his no objection for quashing and

setting aside of the impugned Judgment and Order passed by the trial Court

and the Appellate Court. The respondent No.2 also has no objection if the

applicant is permitted to withdraw the monies deposited by him in this

Court as well as in the trial Court.

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5. Considering the dispute having been amicably settled, the

impugned Judgment and Order dated 10th February, 2015 passed in C.C.No.

71/SS/2014 by the 33rd Metropolitan Magistrate Court, at Ballard Pier,

Mumbai as well as the Judgment and Order dated 29 th November, 2016

passed in Criminal Appeal No.294 of 2015 by the learned Sessions Judge,

Mumbai, are quashed and set aside and the applicant is acquitted of the

offence punishable under Section 138 of the Negotiable Instruments Act.

Consequently, the conviction warrant issued as against the applicant is also

quashed and set aside. The applicant is permitted to withdraw the amount

deposited by him in the Registry of this Court as well as in the trial Court

i.e. in the Registry of the Court of Metropolitan Magistrate at Ballard Pier,

Mumbai.

6. The Applicant to deposit costs of Rs.10,000/- with the Bar

Council of Maharashtra and Goa, Mumbai, within two weeks from today.

7. The application is disposed of on the aforesaid terms.

8. In view of the disposal of the aforesaid criminal Revision

Application, nothing survives for consideration in the interim application

i.e. the bail application. The same is accordingly disposed of.

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                                                              6. REVN 678-2016.doc

9. Matter to be listed on 29th March, 2022 for recording

compliance of the said deposit of Rs.10,000/- to the Bar Council of

Maharashtra and Goa.

REVATI MOHITE DERE, J.

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