Pandurang Vadguji Vaidya vs Sharad S/O Shamraoji Jivtode And ...
2023 Latest Caselaw 6321 Bom

                                                               357.revn.186.2016 judge.odt
                                           1



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

  CRIMINAL REVISION APPLICATION (REVN) NO.186 OF 2016
                         AND
       CRIMINAL APPLICATION (APPR) NO. 211 OF 2023

          Shri Pandurang Vadguji Vaidhya,
          Aged about 37 Yrs, Occu.: Service,
          R/o. Malviya Ward, Warora,
          Tah. Warora, Distt. Chandrapur                                     .... APPLICANT

                                       // V E R S U S //

          Shri Sharad S/o. Shamraoji Jivtode,
          Aged about 50 Yrs, Occu.: Business,
          R/o. Sardar Patel Ward, Warora,
          Distt. Chandrapur                                          ... NON-APPLICANT
  --------------------------------------------------------------------------------------------------
          Mr M. Anilkumar, Advocate for the applicant
          Mr P. N. Shende, Advocate for the non-applicant
 --------------------------------------------------------------------------------------------------
                   CORAM : G. A. SANAP, J.

DATE : 04/07/2023

ORAL JUDGMENT :

 1                  Heard.


 2                 The parties have filed the compounding application

bearing APPR No. 211 of 2023. They prayed for leave to

compound the offence, in view of conviction and sentence

357.revn.186.2016 judge.odt

awarded by the Magistrate and confirmed by the learned

Additional Sessions Judge. The parties are present before the

Court. They confirmed the statements made in the

compounding application. Leave, as prayed for, is granted.

The compounding application is allowed and disposed of.

3 In view of compounding of offence, the criminal

revision application also stands disposed of.

4 The judgment and order dated 19.11.2010 passed

by the learned Judicial Magistrate First Class, Warora and

confirmed in appeal by learned Additional Sessions Judge,

Warora vide judgment and order dated 17.10.2016 are

quashed and set aside.

5 The accused - Pandurang Vadguji Vaidhya is

acquitted of the offence punishable under Section 138 of the

Negotiable Instrument Act, 1881.

357.revn.186.2016 judge.odt

6 Learned Advocate for the complainant submits that

complainant has received Rs.2,05,000/- (Rs. Two Lacs Five

Thousand Only) from the accused. It is pointed out that

Rs.50,000/- was deposited in this Court pursuant to the order

dated 26.10.2016. Liberty is granted to withdraw the same.

7 Rule accordingly. No order as to cost.

(G. A. SANAP, J.)

Namrata