Purushottam @ Uttam Gangadhar ... vs Dipak Ramesh Deshmukh And Another
2023 Latest Caselaw 5267 Bom

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

                CRIMINAL APPLICATION [APPR] NO. 170 OF 2023
                                 in / and
               CRMINAL REVISION APPLICATION NO. 114 OF 2023
                     PURUSHOTTAM @ UTTAM GANGADHAR MUNDLE
                                     VERSUS
                             DIPAK RAMESH DESHMUKH
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Sanket Bhalerao, Advocate for the applicant/accused
                          Mr. N. S. Giripunje, Advocate for the non-applicant/complainant

                                  CORAM : G. A. SANAP, J.

DATE : JUNE 07, 2023.

1. Heard learned advocate for the accused/applicant and learned advocate for the non-applicant/complainant.

2. The revision applicant is in jail.

3. In this revision, filed against the order of conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, awarded by learned Judicial Magistrate, First Class, Pauni and confirmed by the learned Additional Sessions Judge, Bhandara, the parties have filed criminal application (APPR No.170/2023) for compounding of the offence. The application has been signed by the son of the accused as well as the Advocate, duly authorized by the accused. The son of the accused and the complainant are present. The complainant admits the statements made in the application with regard to the compounding.

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4. Accordingly, leave to compound the offence is granted. Accepting the settlement/compounding, the judgment and order dated 28.09.2022 passed by learned Judicial Magistrate, First Class, Pauni in Summary Criminal Case No. 373/2019 and the judgment and order dated 02.06.2023 passed by learned Additional Sessions Judge, Bhandara in Criminal Appeal No. 63/2022, confirming the judgment and order passed by the learned Magistrate, are set aside.

5. Accused - Purushottam @ Uttam Gangadhar Mundle is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

6. Accused - Purushottam @ Uttam Gangadhar Mundle, who is in jail, be released from jail forthwith.

7. The complainant is at liberty to withdraw the amount deposited by the accused in this proceeding.

8. APPR No. 170/2023 and Revision Application No. 114/2023 are disposed of in the above terms.

9. An authenticated copy of this order be provided to the learned advocate for the accused.

JUDGE Diwale