Vikram S/O Purushottam ... vs Susmit S/O Ulhasrao Warhokar
2023 Latest Caselaw 1828 Bom

                                      1                 29 revn 122.21.odt..odt

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 NAGPUR BENCH, NAGPUR.

       CRIMINAL REVISION APPLICATION NO.122 OF 2021
                    Vikram s/o Purushottam Khandelwal
                                      Vs.
                        Susmit s/o Ulhasrao Warhokar
_____________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions   Court's or Judge's orders.
and Registrar's Orders.
                    Shri R.D. Dharmadhikari, Advocate for the applicant.
                    Shri V.H. Pathe, Advocate for the respondent No.1.
                    Shri Amit Chutke, APP for the respondent No.2/State.


                           CORAM : G.A. SANAP, J.

DATE : 23/02/2023.

The applicant (accused) and the respondent No.1 (complainant) have filed this joint compromise pursis and stated that they have amicably settled their dispute. The complainant and the accused are present before this Court. They admit the contents of the pursis and their signatures on the pursis.

2. They seek permission to compromise the matter. The accused was convicted by the Magistrate and the order of conviction was maintained by the learned Sessions Judge, Amravati. The applicant was sentenced to suffer simple imprisonment for one year by the learned Magistrate.

2 29 revn 122.21.odt..odt

Learned Sessions Judge, to the extent of the substantive sentence, was pleased to modify the sentence and bring it down to six months. The accused was ordered and directed to pay fine of Rs.90,000/-. The complainant admits that he has received Rs.40,000/- in cash from the accused. The amount of Rs.50,000/- has been deposited in the trial Court. The compensation awarded in terms of the order was Rs.90,000/-.

3. In view of the settlement, the judgment and order passed by the learned Magistrate as well as by the learned Additional Sessions Judge is set aside. The applicant/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

4. Criminal Revision Application is disposed of accordingly.

5. The complainant is allowed to withdraw the amount of Rs.50,000/- deposited in the trial Court.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:23.02.2023 18:59