Prakash Shivaji Chavan vs Uttamrao Daiva Jadhav And Anr
2023 Latest Caselaw 13396 Bom

Bombay High Court

Prakash Shivaji Chavan vs Uttamrao Daiva Jadhav And Anr on 22 December, 2023

Author: Prithviraj K. Chavan

Bench: Prithviraj K. Chavan

2023:BHC-AS:39196                                                         14-331-2019-REVN=.doc



                    Uday S. Jagtap


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                           CRIMINAL REVISION APPLICATION NO. 331 OF 2019
                                                IN
                               INTERIM APPLICATION NO. 290 OF 2022


                    Prakash Shivaji Chavan                               .. Applicant

                              Vs.

                    Uttamrao Daiva Jadhav & Anr.                         .. Respondents

                                                    .....
                    Ms. Tanvi Phatak i/b Mr. Sachin K. Hande for the applicant
                    Ms. G.P. Mulekar, APP for the respondent - State
                    Mr. Akshay Kulkarni for the applicant in IA
                    Mr. Uttamrao Daiva Jadhav - respondent complainant - present in
                    Court
                                                    .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

                                               DATED : 22nd DECEMBER, 2023

                    P.C.


                    1.        Learned Counsel for the applicant and the respondent are

                    present. Respondent - complainant is also present.



                    2.        It is submitted on behalf of the respondent that the matter has

                    been amicably settled, in the sense, nothing is due from the

                    applicant - accused. The learned Counsel for the applicant has,


                                                                                            1 of 3

                ::: Uploaded on - 22/12/2023                     ::: Downloaded on - 24/12/2023 03:51:07 :::
                                                      14-331-2019-REVN=.doc


 therefore, no objection to dispose of the Revision.



 3.      Learned Counsel for the respondent - complainant has placed

 on record photostat copies of two demand drafts drawn in favour

 of the respondent - complainant in the sum of Rs.55,000/- and

 Rs.20,000/- respectively.



 4.      The original demand drafts have been tendered to the

 respondent - complainant today in the Court.



 5.      The Revision Application is disposed of by passing the

 following order :-



                                    ORDER

(i) The judgment and order of conviction passed by the JMFC,

Sangli on 9th May 2013 and confirmed by the lower Appellate

Court on 25th June 2019 is quashed and set aside.

(ii) The applicant is acquitted of the offence punishable under

Section 138 of the Negotiable Instrument Act.

(iii) His bail bonds stands cancelled.

2 of 3

14-331-2019-REVN=.doc

(iv) Liberty to the respondent to withdraw the amount deposited

by the applicant in the trial Court.

(v) Learned JMFC, Sangli is directed to forthwith refund the

amount to the respondent - complainant on due verification, upon

making an application in light of the fact that the respondent

complainant is a senior citizen.

6. The Revision Application stands disposed of in the above

terms.

7. In view of the disposal of the Revision, pending Interim

Application does not survive and the same is also disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

3 of 3