Shri Sameer S/O Mahendrabhai Shah vs Dhansukhlal S/O Shivji Patel
2023 Latest Caselaw 297 Bom

                                                   1                     revn258.19.odt


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

      CRIMINAL REVISION APPLICATION NO. 258 OF 2019

      Shri Sameer s/o Mahendrabhai Shah
      Aged about 45 years, Occ: Business,
      Proprietor of New Tech Veeneers,
      M/223, Greater Kailash-II, New Delhi.
                                                                     ...APPLICANT
            ---VERSUS---

      Dhansukhlal s/o Shvji Patel
      Aged 52 years, Occ: Business,
      Resident of Lakadganj, Nagpur
      Proprietor of M/s Girnar Timbers
      Plot No.643, Chikli Layout, Kalamna road,                      ...NON-APPLICANT
      Nagpur-440008.

 ----------------------------------------------------------------------------------------
 Shri A.R. Prasad, Advocate for applicant.
 Shri K.B. Dave, Advocate for non-applicant.
 ----------------------------------------------------------------------------------------
                                  CORAM           : G.A. SANAP, J.

                                  DATE            : JANUARY 09, 2023.

 ORAL JUDGMENT :

 .             Heard learned advocate for the applicant and learned

advocate for the non-applicant. Perused the record and proceedings.

2. The applicant has filed compromise pursis dated

16.12.2021. The parties, as per this pursis, have prayed for

compounding of the offence. It is seen that after filing of this pursis

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the applicant could not deposit the amount within time and

therefore the applicant filed an application for extension of time.

The non-applicant has filed reply to the said application and

opposed the application and contended that terms of the

compromise were not acted upon by the applicant.

3. Learned advocates for the parties submit that now

amount of ₹8,50,000/- has been paid, as per the settlement.

Learned advocate for the non-applicant submits that out of this

amount sum of ₹2,12,500/- was deposited in the trial Court by the

applicant. Learned advocate further submits that non-applicant may

be allowed to withdraw the same.

4. Since parties have settled the matter, the permission for

withdraw the said amount is granted. It is further made clear that if

the amount is deposited in a fixed deposit, as per the order of the

Court, then interest accrued on the same amount, if any, be paid to

the non-applicant.

5. The settlement terms are confirmed by the learned

advocates for the parties. The parties have acted upon settlement

terms. Therefore, the order passed by the learned Additional

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Sessions Judge dated 29.07.2019 in Criminal Appeal No.258/2015

is set aside.

6. The applicant was sentenced to undergo rigorous

imprisonment for two months. He was further sentenced to pay

compensation of ₹8,50,000/- and in default, to suffer rigorous

imprisonment for further two months. The order of conviction and

sentence is set aside.

7. The applicant-Dhansukhlal s/o Shivji Patel is acquitted of

the offence punishable under Section 138 of the Negotiable

Instruments Act, 1881.

The application stands disposed of.

JUDGE

Wagh