Manish S/O Manoharlal Ahuja vs Inder S/O Pannalal Dara
2023 Latest Caselaw 6818 Bom

                                                                 367.revn.48.2015 judg.odt
                                           1



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

     CRIMINAL REVISION APPLICATION (REVN) NO.48 OF 2015
                            AND
         CRIMINAL APPLICATION (APPR) NO. 217 OF 2023

         Manish S/o. Manoharlal Ahuja,
         Aged about 32 Yrs., Occu.: Business,

         Since in Jail Though his next friend
         guardian Shri Manoharlal Ahuja

         R/o. Jeevan Apartment No. 3,
         Plot No. 1264, Anand Bakery Road,
         Near Ambedkar Garden,
         Vaishali Nagar, Nagpur                                             .... APPLICANT

                                      // V E R S U S //

         Mr Inder S/o. Pannalal Dara,
         Aged about 50 Years, Occ. Business,
         R/o. Flat No. B-103, First Floor,
         Hitesh Apartment, Jaripatka,
         Nagpur.                                                    ... NON-APPLICANT

 --------------------------------------------------------------------------------------------------
          Mr P. S. Tiwari, Advocate for the applicant
          Mr R. K. Bachhawani, Advocate for the non-applicant
 ------------------------------------------------------------------------------------------------
                   CORAM : G. A. SANAP, J.

DATE : 11/07/2023

ORAL JUDGMENT :

 1                 Heard.





                                                  367.revn.48.2015 judg.odt




 2                The parties have filed the compounding application

bearing APPR No. 217 of 2023. They have prayed for leave to

compound the offence, in view of conviction and sentence awarded

by the learned Judicial Magistrate, Nagpur and confirmed by the

learned Additional Sessions Judge, Nagpur. 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 13.05.2014 passed by

the learned Judicial Magistrate First Class (Special Court under

Section 138 of the Negotiable Instruments Act), Nagpur and

judgment and order dated 01.04.2015 passed by learned Additional

Sessions Judge, Nagpur are quashed and set aside.

5 The accused/applicant - Manish S/o. Manoharlal Ahuja

367.revn.48.2015 judg.odt

is acquitted of the offence punishable under Section 138 of the

Negotiable Instrument Act, 1881.

6 Liberty is granted to the complainant to withdraw

Rs.50,000/- (Rs.Fifty thousand only) deposited in the trial Court by

the accused.

7 Bail bond of the accused stands cancelled.

(G. A. SANAP, J.)

Namrata