Santosh S/O. Sahebrao Shinde vs Ahmednagar Mirchi Merchants ...
2023 Latest Caselaw 4116 Bom

                                      1                           CRA 305-2019.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

     CRIMINAL REVISION APPLICATION NO. 305 OF 2019

                  SANTOSH SAHEBRAO SHINDE
                          VERSUS
        AHMEDNAGAR MIRCHI MERCHANTS NAGARI SAHAKARI
          PATSANSTHA MARYADIT, THROUGH ITS MANAGER

                                     ...
                Mr. S. D. Kotkar, Advocate for the applicant
                Mr. L.B. Palod, Advocate for the respondent
                                     .....

                                  CORAM :      S. G. MEHARE, J.

                                 DATE      :   24.04.2023

PER COURT :

1.              Heard the respective counsels.



2.              They have fled joint compromise puris on record. The

same is taken on record and marked as Annexture 'A'.                Parties are

also present before the Court. They are agreeable to the terms of

the settlement.



3.              The applicant was convicted for the ofence punishable

under Section 138 of the Negotiable Instruments Act. The ofence

under Section 138 of Negotiable Instruments Act is compoundable.

Parties have arrived at amicable settlement. In view of the joint

compromise pursis the following order is passed :-




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                                         2                        CRA 305-2019.odt



                                ORDER

(I) The revision application is allowed.

(ii) The judgments and orders passed by the learned Judicial

Magistrate First Class, Court No.3, Ahmednagar dated

24th October, 2017 in S.C.C. No. 332 of 2013 and

confrmed by the learned Additional Sessions Judge,

Ahmednagar by its judgment and order in Criminal Appeal

No. 202 of 2017 dated 26th September, 2019, are quashed

and set aside.

(iii) The present applicant/accused- Santosh Sahebrao Shinde is

acquitted under Section 255 of the Criminal Procedure

Code for the ofence punishable under Section 138 of

Negotiable Instruments Act.

(iv) Bail bonds and surety bonds stand cancelled.

(v)     Surety stands discharged.

(vi)    The learned Registrar (Judicial) is directed to pay Rs.

2,30,000/- to the respondent/complainant deposited by the

applicant/accused in this Court and interest if , any,accrued

thereon be paid to the applicant/accused.

( S. G. MEHARE ) JUDGE ysk