Manikchand Chandulal Borana vs The State Of Maharashtra And ...
2023 Latest Caselaw 1002 Bom

                                                            901 & 902-revn-151-2022.odt
                                       (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

             CRIMINAL REVISION APPLICATION NO.151 OF 2022
               WITH APPLN/1564/2022 IN REVN/151/2022

                    MANIKCHAND CHANDULAL BORANA
                                VERSUS
                THE STATE OF MAHARASHTRA AND ANOTHER

                               WITH
            CRIMINAL REVISION APPLICATION NO.152 OF 2022
               WITH APPLN/1566/2022 IN REVN/152/2022

 Advocate for Applicants : Mr. Pramod Gaikwad h/f Mr. Talhar Ajay G.
              APP for Respondent/State : Mr. K.S. Patil
  Advocate for Respondent No.2 : Ms. Pournima A. Salve h/f Mr. S.J.
                                Salunke
                                   ...
                                       CORAM : S.G. MEHARE, J.

                                       DATED : JANUARY 31, 2023

 PER COURT:-

 1.               In both the cases, the applicant/petitioner was convicted

 for the offence punishable under Section 138 of the Negotiable

 Instruments Act. His appeals were also dismissed. Today, he has filed

 separate applications for compounding the offences. The complainant

 and accused are present. In Criminal Revision Application No.152 of

 2022, the complainant gave the authority.              They also filed the

 compromise deeds on record. The complainants have been satisfied

 that they have received the amount mentioned in the compromise

 deed. They have compromised their dispute. Hence, they want to

 settle the matter.




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                                                            901 & 902-revn-151-2022.odt
                                      (2)

 2.               Perused the papers. In view of the settlement, leave is

 granted to compromise the matter.          Hence, the following order is

 passed :

                                    ORDER

I) The judgment and order of the learned Judicial Magistrate First

Class, Court No.2, Osmanabad in SCC No.433 of 2012 dated

05.05.2015 convicting the accused to suffer SI for two months and to

pay compensation of Rs.6 lakhs and in default to suffer SI for 15 days

and confirmed in the judgment and order of the Additional Sessions

Judge-1, Osmanabad in Criminal Appeal No.28 of 2015 dated

29.03.2022 and judgment and order of the learned Judicial

Magistrate First Class, Court No.2, Osmanabad in SCC No.437 of

2012 sentencing the accused to suffer SI for two months and

compensation of Rs.9 lakhs and in default to suffer SI for 15 days

dated 05.05.2015 and confirmed in the judgment and order of the

Additional Sessions Judge-1, Osmanabad in Criminal Appeal No.27 of

2015 dated 28.03.2022, are quashed and set aside.

 II)      The accused stands acquitted.

 III)     The bail bonds are cancelled and surety stand discharged.

 IV)      The compromise deed is taken on record and marked as 'A' in

 each case.

 V)       In the above terms, both revision applications stand disposed of.





                                                                 901 & 902-revn-151-2022.odt


 VI)          Pending applications, if any, also stand disposed of.




                                                  (S.G. MEHARE, J.)




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