M/S. Sun Developers vs M/S. Midas Developers Pvt. Ltd. ...
2022 Latest Caselaw 9522 Bom

                                                                49-IA-1136-2021.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION
               CRIMINAL REVISION APPLICATION NO. 662 OF 2018
                                  WITH
                   INTERIM APPLICATION NO. 1136 OF 2021
 M/s. Sun Developers                                    ...Applicant
       Versus
 M/s. Midas Developers Pvt. Ltd. And Anr.               ...Respondents
                                   ....
 Mr. Mohd. Amin H. Solkar, Advocate for the Applicant in REVN Appln.
 Mr. Rohan Karande i/by M/s. Divekar & Co. Advocate for the Applicant
 in Interim Application.
 Mr. S.R. Agarkar, APP for the Respondent - State.
                               CORAM       :    PRAKASH D. NAIK, J.
                               DATE        :    20th SEPTEMBER, 2022.
 PER COURT:

 1.            The revision applicants are convicted for offence under

 Section 138 of Negotiable Instrument Act vide Judgment and order

 dated 7th April, 2014 passed by learned Metropolitan Magistrate,

 61st Court, Kurla, Mumbai in C.C. No. 61-00821/SS/2012 and

 sentenced to suffer simple imprisonment for three months. The

 original accused Nos. 1 and 2 were directed to pay compensation of

 Rs.2,72,01,250/-(Two Crores Seventy Two Lakhs One Thousand

 Two Hundred Fifty) to the complainant within a stipulated period.

 The Judgment of conviction was challenged before the Sessions

 Court by preferring Criminal Appeal No.414 of 2014.                        Vide

 Judgment and order dated 22 nd November, 2018 the appeal was

 dismissed and the Judgment of conviction was confirmed.

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 Pursuant to the dismissal of appeal the accused has preferred the

 present revision application. During the pendency of the revision

 application the revision applicants had preferred application for

 suspension of sentence and grant of bail which has been allowed.

 The           revision   applicant   has   deposited    total     amount         of

 Rs.1,36,00,000/-(One Crore Thirty Six Lakhs) before the trial

 Court. During the pendency of the revision application the parties

 have arrived at amicable settlement. They have executed the

 consent terms. In paragraph 4-a and 4-b, it is stated that both the

 parties had agreed that the amount deposited before the Court

 shall be allowed to be withdrawn by the Respondent/complainant

 with interest accrued, if any, on said deposits. The consent terms

 also refers to settlement in respect to other proceedings initiated by

 both the parties pending before this Court and Court of

 Metropolitan Magistrate at Kurla. The parties have agreed that

 they would withdraw the proceedings against each other. It is also

 agreed that in view of the consent terms executed between parties.

 The Judgment and order of conviction imposed against the revision

 applicant can be set aside and the revision applicant can be

 acquitted. Consent terms are taken on recorded and marked at 'x'

 for identification.




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                                                                     49-IA-1136-2021.doc




                                      ORDER

i. Criminal Revision Application No. 662 of 2018 is

allowed in accordance with consent terms.

ii. Interim Application No. 1136 of 2021 is allowed. The

applicant/complainant is permitted to withdraw the amount

of Rs.1,36,00,000/-(One Crore Thirty Six Lakhs) deposited

in the Court of learned Metropolitan Magistrate, 61 st Court,

Kurla, Mumbai with interest, if any, accrued on the said

amount.

iii. The Judgment and order dated 7 th April, 2014 passed

by learned Metropolitan Magistrate, 61 st Court, Kurla,

Mumbai in C.C. No. 61-00821/SS/2012 Judgment and order

dated 22nd November, 2018 passed by the Sessions Court

rejecting appeal are quashed and set aside.

iv. Revision applicants are acquitted for offence under

Sections 138 r/w 141 of the Negotiable Instruments Act. The

sentence is set aside.

v. Both parties shall adhere to the terms reflected in the

consent terms.

vi. The accused/Revision applicant shall co-operate with

the complainant in withdrawal of the amount deposited

before the trial Court.

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                                                                      49-IA-1136-2021.doc




               vii.    In the event any original receipt of deposit of amount

is not available. The revision applicant (Accused) shall file

affidavit before trial Court in that regard. The trail Court is

permitted to take on record photo copies of receipts of

deposits, while allowing withdrawal of amount.

viii. The Revision Application and Interim Application

stands disposed off.

                                               (PRAKASH D. NAIK, J.)




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