Shankar Sakharam Biraje vs State Of Maharashtra
2023 Latest Caselaw 4669 Bom

2023:BHC-AS:13429
                                                                                901-revn446-2022.doc


                    VRJ
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.4327 OF 2022
                                                 IN
                            CRIMINAL REVISION APPLICATION NO.446 OF 2022

                    Shankar Sakharam Biraje                        ... Applicant
                               V/s.
                    The State of Maharashtra & Ors.                ... Respondents


                    Mr. Aditya S. Raktade for the applicant.
                    Mr. A.R. Patil, APP for the respondent No.1/State.
                    Mr. Metanshu Purandare i/by Mr. Dnyanesh Patil for
                    the respondent No.2.

                                                CORAM     : AMIT BORKAR, J.

                                                DATED     : MAY 3, 2023
                    P.C.:

1. The criminal revision application arises out of proceedings under section 138 of the Negotiable Instruments Act, 1881. The applicant has been convicted by both the Courts below. During pendency of the present revision application, the applicant and respondent No.2 have amicably resolved their dispute. The applicant and respondent No.2 have signed consent terms before a notary. The consent terms are taken on record and marked Exhibit-X for identification. As per the consent terms, the amount of Rs.3,00,000/- has been paid to the complainant. The remaining amount of Rs.1,50,000/- is agreed to be paid within three months from 21st May 2023.

901-revn446-2022.doc

2. In view of resolution of dispute between the parties, the impugned judgment and order passed by the learned Judicial Magistrate First Class, Chandgad, Kolhapur in Summary Criminal Case No.202 of 2015 on 3rd November 2018 and confirmed by the learned Additional Sessions Judge, Kolhapur in Criminal Appeal No.21 of 2018 on 15th November 2022 are quashed and set aside.

3. However, it is made clear that in case remaining amount of Rs.1,50,000/- is not paid within three months from 21 st May 2023, it shall be open for the complainant to file appropriate application for revival of the revision.

4. The interim application stands disposed of. No costs.

(AMIT BORKAR, J.)