Anees Hussain Arnalkar @ Shaikh vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4816 Bom

          Digitally signed by
SWAROOP   SWAROOP
SHARAD    SHARAD PHADKE
          Date: 2022.05.07
PHADKE
                                                                            21 wp 1393 of 2020.doc
          17:26:45 +0530




                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION
                       CRIMINAL WRIT PETITION NO.1393 OF 2020

Anees Hussain Arnalkar @ Shaikh                               ...         Petitioner
      versus
The State of Maharashtra and Anr.                             ...         Respondents

Mr. Makarand Bakore, for Petitioner.
Mr. H.J.Dedhia, APP, for State.
Ms. Sunanda Kumbhat, for Respondent No.2.

                                CORAM:     N.J.JAMADAR, J.

                                DATE :     5th MAY, 2022

P.C.

1. Heard the learned Advocates for the parties. The learned Counsel for

the Petitioner has submitted that the Petitioner has complied with the Consent Terms,

which was recorded in the order dated 28 th September, 2020, whereby the matter

came to be stood over by 11 months to report compliance. The learned Advocate for

Respondent No.2 -original complainant, on a written instructions, submits that the

Petitioner-original accused has paid the amount in full and final satisfaction of the

claim of the Respondent No.2, therefore, Respondent No.2 desires to withdraw the

proceedings.

2. In view of the Consent Terms filed by the parties and recorded in the

order dated 28th September, 2020 and the statement made today by the learned

Advocates for the parties, the Petition stands allowed. The impugned Order passed by

SSP 1/2 21 wp 1393 of 2020.doc

the learned Additional Sessions Judge dated 3 rd November, 2015 in Criminal Appeal

No.703 of 2014 dismissing the Appeal and confirming the judgment and order dated

21st July, 2014 passed by the learned Metropolitan Magistrate, 48 th Court, Andheri,

Mumbai in Criminal Case No.1663/SS/2012, convicting the Petitioner for the offence

punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentencing

him to suffer simple imprisonment for a period of one year and to pay a fine of

Rs.1,50,00,000/-, stands quashed and set aside.

3. The Petitioner stands acquitted of the offence punishable under Section

138 of the Negotiable Instruments Act, 1881.

4. The Complaint stands dismissed as withdrawn.

5. The bail bond of the Petitioner stands cancelled.

6. The Writ Petition accordingly stand disposed.

                                                      ( N.J.JAMADAR, J. )




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