Yellappa Amgonda Kengar vs Nanasaheb Changanrao Jadhav
2023 Latest Caselaw 2612 Bom

                                                                 961-revn-255-2022.odt
                                       (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

            CRIMINAL REVISION APPLICATION NO.255 OF 2022

                       YELLAPPA AMGONDA KENGAR
                                   VERSUS
                    NANASAHEB CHANGANRAO JADHAV
                                      ...
                   Advocate for Applicant : Mr. D.S. Ingole
                Advocate for Respondent : Mr. Shardul G. Shinde
                                      ...

                                       CORAM : S.G. MEHARE, J.

                                        DATED : MARCH 17, 2023


 PER COURT:-

 1.               The copy of memorandum of understanding along with

 short affidavit in reply on behalf of the respondent has been placed on

 record. It be made the part of record.

 2.               Learned counsel for the respective parties states that the

 parties have amicably settled the dispute. The applicant do not want

 to proceed with the present revision application. Hence, the revision

 application be disposed of.

 3.               Perused the papers placed on record. It appears that the

 respective parties have compounded the offence. The offence under

 Section 138 of Negotiable Instruments Act is compoundable. Hence,

 the following order :

                                    ORDER

(i) Revision Application is allowed.

961-revn-255-2022.odt

(ii) The judgments and orders passed by the learned Judicial

Magistrate First Class, Court No.8, Aurangabad in SCC No.5672 of

2012 dated 15.01.2019 and the learned Additional Sessions

Judge, Aurangabad in Criminal Appeal No.18 of 2019 dated

12.07.2022, are quashed and set aside.

(iii) The present applicant/accused - Yellappa Amgonda Kengar

is acquitted under Section 248 of the Criminal Procedure Code for

the offence punishable under Section 138 of Negotiable

Instruments Act.

(iv) Bail bonds and surety bonds stands cancelled.

 (v)          Surety stands discharged.

 (vi)         The learned trial Court be informed accordingly.




                                                 (S.G. MEHARE, J.)




 Mujaheed//