Prakash Kisan Dharkar vs The State Of Maharashtra And ...
2023 Latest Caselaw 2585 Bom

                                       1                    950-C.R.A.205-2022.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

           CRIMINAL REVISION APPLICATION NO.205 OF 2022

                    PRAKASH KISAN DHARKAR
                               VERSUS
          THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
     Advocate for Applicant : Mr. S. A. Nagode h/f Mr. R. R. Karpe
            APP for Respondent No.1: Mr. S. B. Narwade
            Advocate for respondent No.2 : Mr. P. S. Dighe
                                   ....

                                  CORAM : S. G. MEHARE, J.

                                  DATE     : 16.03.2023

PER COURT :

1.              The parties have filed settlement terms. The same is taken

on record and marked as Annexture 'A'. Both parties agreed with the

terms and conditions of the settlement.

2.              Respondent No.2 shall entitle to receive the amount

deposited by the present petitioner before the appellate Court and this

Court.     The concerned Court and officers are directed to pay the

amount deposited by the applicant to respondent No.2 along with

interest accrued thereon if any. It was an offence punishable under

Section 138 of the Negotiable Instrument Act, which is compoundable.

The offence is compounded. Hence, following order :-




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                                        2                   950-C.R.A.205-2022.odt



                               ORDER

(i)     The revision is allowed

(ii)    The impugned judgment of the learned Judicial Magistrate

First Class Shrigonda passed in STC No. 333/2009, dated

21.01.2013 and impugned Judgment in Criminal Appeal No.

100 of 2019 passed by the learned Additional Sessions Judge,

Shrigonda, District Ahmednagar dated 5.7.2022 are quashed and

set aside.

(iii) The petitioner-accused is acquitted of the offence punishable

under Section 138 of the Negotiable Instruments Act.

(iv) The bail bonds of the petitioner stand canceled and sureties

stand discharged.

( S. G. MEHARE ) JUDGE

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