Meenabai Rajkumar Ajmera And Anr vs The State Of Mah
2023 Latest Caselaw 3372 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          965 CRIMINAL REVISION APPLICATION NO.212 OF 2005

              MEENABAI RAJKUMAR AJMERA AND ANOTHER
                              VERSUS
                    THE STATE OF MAHARASHTRA

                                      ...
             Advocate for Applicants : Mr. Jagdish V. Deshpande.
               APP for Respondent-State : Mr. S. P. Deshmukh.
                                      ...

                               CORAM :      S. G. MEHARE, J.
                               DATE :       05.04.2023

     PER COURT :-


     1.      The applicants were convicted for the offence punishable

     under Section 420 of the IPC and Section 3 and 4 of the Prize

     Chit and Money Circulation Scheme (Banning) Act, 1978.

     They were sentenced to suffer R.I. for one year for the offence

     punishable under Section 420 of the IPC and S.I. for one year

     for the offence punishable under Sections 3 and 4 of the Prize

     Chit and Money Circulation Scheme (Banning) Act, 1978.

     Judgment of the conviction was confirmed by the subordinate

     Appellate Court, Aurangabad.


     2.      Now, the complainant and the revision applicants have

     amicably settled their dispute out of the Court. The offence

     punishable under Section 420 of the IPC and Sections 3 and 4




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     of the Prize Chit and Money Circulation Scheme (Banning) Act,

     1978 are compoundable with the leave of the Court. Hence,

     the leave has been sought.


     3.       Perused the application and verified the contents of the

     application and compromise pursis from the applicants and the

     complainant present in the Court. They admit that they have

     settled their dispute amicably. Considering the contents of the

     application, leave granted to compound the offence under

     Section 420 read with Section 3 and 4 of the Prize Chit and

     Money          Circulation   Scheme      (Banning)      Act,    1978.      The

     compromise pursis has also been examined. The parties have

     admitted its contents.


     4.      In view of the settlement between parties, the following

     order is passed :

                                        ORDER

(i) Criminal Revision Application is allowed.

(ii) The judgment and order of conviction passed by the learned Chief Judicial Magistrate, Aurangabad in Regular Criminal Case No.1719 of 2001, dated 07.04.2005 and confirmed by the learned Additional Sessions Judge, Aurangabad by its judgment and order dated 05.07.2005 in criminal Appeal No.37 of 2005 stands set aside to the

3 965-Cri.Rev.Appln.212-05.odt

extent of the present applicants namely Meenabai w/o Rajkumar Ajmera and Rajkumar Kalyanmal Ajmera (accused Nos.3 and 4 before the Trial Court).

(iii) The present applicants acquitted under Section 248 of the Cr.P.C. for the offences punishable under Section 420 of IPC and Section 3 and 4 of the Prize Chit and Money Circulation Scheme (Banning) Act, 1978 in Crime No.199 of 2001, registered with Police Station CIDCO and fine amount of Rs.1000/- each, if deposited be returned to the applicants.

(iv) Bail bonds and surety bonds stand cancel and surety stands discharged.

(v) Record and Proceedings be returned to the concerned Court.

(vi) Rule made absolute in the above terms.

(S. G. MEHARE, J.)

...

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