P. M. Poultry Farm, Through Its ... vs M/S Suniket Trading Company, ...
2023 Latest Caselaw 4526 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


             CRIMINAL REVISION APPLICATION NO.262 OF 2022


      P. M. POULTRY FARM, THROUGH ITS PROPRIETOR, PRADIP S/O
                          BHAGIRATH MANDAGE
                                 VERSUS
     M/S SUNIKET TRADING COMPANY, THROUGH ITS PROPERIETORY,
               SANJAY MANSUKHLAL PIPADA AND ANOTHER
                                    ...
             Advocate for Applicants : Mr. Ujwal Subhash Patil
      Advocate for Respondent No.1 : Mr. L. B. Palod, Mr. D. L. Palod
               APP for Respondent No.2 : Mr. S. B. Narwade
                                    ...

                                       CORAM :        S. G. MEHARE, J.

                                       DATE       : 02-05-2023

PER COURT :-

1. Both parties have filed settlement terms. Both parties and

their counsels signed the settlement deed. Parties have agreed

the terms of settlement. The offence under Section 138 of the

Negotiable Instruments Act, is compoundable. Hence, leave

granted to compound the offence. The settlement terms is

marked at Annexure 'A' and made a part of the record of the trial

Court. In view of the settlement terms, the following order is

passed:-

i) Revision application is allowed.

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ii)      The judgment and order of conviction of the Judicial

Magistrate First Class, Ahmednagar, in Summary Criminal

Case No.1920 of 2015 dated 04.01.2021 and confirmed by

the learned Sessions Judge, Ahmednagar, in Criminal Appeal

No.03 of 2021 dated 01.09.2022, is quashed and set aside.

iii) The applicant is acquitted under Section 255(1) of the Code

of Criminal Procedure for the offence punishable under

Section 138 of the Negotiable Instruments Act.

iv) The bail bond and surety bond stand cancelled.

v)       Surety stands discharged.

vi)      The complainant is entitled to receive the amount deposited

with the Subordinate Appellate Court and this Court.

vii) The concerned offices are directed to pay the amount

deposited to the complainant.

viii) R & P be returned to the trial Court.

( S. G. MEHARE ) JUDGE

rrd