Vivek Jain vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9680 Bom

                                                         1 of 4                     04-revn-587-16


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL REVISION APPLICATION NO.587 OF 2016

                     Vivek Jain                                          ..... Applicant
                           Versus
                     State of Maharashtra & Anr.                         .... Respondents
                                                    .....
                                                   WITH
                                    CRIMINAL APPLICATION NO.593 OF 2016
                                                     IN
                                CRIMINAL REVISION APPLICATION NO.587 OF 2016

                                                    .....
                                                   WITH
                                    CRIMINAL APPLICATION NO.209 OF 2019
                                                     IN
                                CRIMINAL REVISION APPLICATION NO.587 OF 2016

                     Jayesh Vrajlal Mehta                                ...Applicant
                           Versus
                     Vivek Jain & Anr.                                   ...Respondents.

                                                   -----
                     Mr. Omprakash Dubey, for the Applicant.
                     Mr. Yogesh Dabke, APP for Respondent No.1-State.
                     Mr. Subodh Desai, Advocate for Respondent No.2.
                                                   -----

                                              CORAM : SARANG V. KOTWAL, J.

DATE : 22nd SEPTEMBER 2022 PC :

1. The Applicant herein was the sole accused in

Digitally C.C.No.4302714/SS/2009 before the Metropolitan Magistrate, 43 signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2022.09.23 14:03:38 Gokhale +0530 2 of 4 04-revn-587-16

Court, Borivali. Vide Judgment and order dated 14/06/2013 the

applicant was convicted for commission of offence punishable

U/s.138 of the Negotiable Instrument Act, 1881 (for short

'N.I.Act') and was sentenced to suffer S.I. for four months. He was

ordered to pay an amount of Rs.1,60,000/- to the complainant

Jayesh Mehta who is the Respondent No.2 herein, by way of

compensation U/s.357(3) of the Cr.p.c. and in default to suffer

further S.I. for 3 months. This Judgment and order was challenged

by the applicant herein Vivek Jain before the Court of Sessions

vide Criminal Appeal No.52 of 2013. Learned Additional Sessions

Judge, Borivali Division, Dindoshi dismissed his appeal confirming

the trial court's order. The applicant has challenged both these

orders in this Revision application.

2. Today, before this Court, the Respondent No.2 -

complainant has filed an affidavit stating that the matter is settled

between the parties. The affidavit is taken on record. It is

mentioned in the affidavit that the Revision applicant-accused has

deposited Rs.55,000/- before the Sessions Court and Rs.75,000/-

before the Metropolitan Magistrate's Court. The revision applicant 3 of 4 04-revn-587-16

has handed over a Demand Draft of Rs.1,60,000/- to the

Respondent No.2-complainant. The Respondent No.2 has agreed to

compound the proceeding U/s.147 of the N.I. Act, 1881. He has

given his no objection to the revision applicant-accused for

withdrawing an amount of Rs.1,30,000/- deposited by him before

the Sessions Court and the Metropolitan Magistrate's Court

(Rs.55,000/- before the Sessions Court and Rs.75,000/- before the

Metropolitan Magistrate's Court). The Respondent No.2 herein has

prayed that the proceedings be permitted to be compounded.

3. Today, both the parties along with their counsel

appeared before the court. They are identified by their respective

counsel. Considering the settlement arrived at between the parties

and the clear averment to that effect in the affidavit filed by the

Respondent No.2-complainant, compounding of offence is

permitted. Consequently, the Revision Application is allowed and

the Applicant is acquitted from the Charges faced by him in the

aforesaid case. The applicant-accused is permitted to withdraw the

aforementioned amounts which he has deposited in the Sessions

Court and in the Magistrate's Court.

4 of 4 04-revn-587-16

4. The Revision Application is disposed of accordingly.

5. With disposal of the Revision Application, both

companion applications are also disposed of.

(SARANG V. KOTWAL, J.)