Swati Kacheshwar Kalunge ... vs State Of Maharashtra Through ...
2023 Latest Caselaw 11552 Bom

2023:BHC-AS:34404                                                      15-REVN-327-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                           CRIMINAL REVISION APPLICATION NO. 327 OF 2023
                                              WITH
                               INTERIM APPLICATION NO.3770 OF 2023
                                              WITH
                                INTERIM APPLICATION NO.3974 Of 2023
                                                IN
                           CRIMINAL REVISION APPLICATION NO. 327 OF 2023

                    Swati Kacheshwar Kalunge
                    Proprietor of M/s Jyoti Polymers.                 ...        Applicant
                          Versus
                    State of Maharashtra and Anr.                     ...        Respondents
                                                     .....
                    Mr. S. K. Dubey i/b P. V. Dubey, for the Applicant.
                    Mrs. G. P. Mulekar, APP, for Respondent No.1-State.
                    Mr. U. L. Shah, for Respondent No.2.
                                                     .....

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 8th NOVEMBER, 2023.

P.C.

Applicant-Smt. Swati Kacheshwar Kalunge and the authorized

representative of respondent No.2-Mr. Vipuul Bhat are present

today in the Court alongwith their respective Advocates.

2 The applicant has been convicted and sentenced by learned

Metropolitan Magistrate, 16th Court, Ballard-Pier, Mumbai in

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15-REVN-327-2023.doc

Criminal Case No. 923/SS/2011 for the offence punishable under

Section 138 of the Negotiable Instruments Act, since a cheque

issued by her in favour of respondent No.2 in the sum of

Rs.12,32,380.40 was dishonoured.

3 The Appeal preferred by the applicant before the Sessions

Court, Mumbai, bearing No. 296 of 2021 also came to be dismissed

on 8th September, 2023, thereby confirming the conviction and

sentenced awarded by Magistrate's Court.

4 The applicant has, therefore, preferred the present Revision

Application.

5 The parties have now amicably settled the dispute in view of

the Consent Terms, which are tendered on record today. The same

are marked as 'X' for identification. The Consent Terms are duly

signed by the applicant-Smt.Swati Kacheshwar Kalunge,

representative of respondent No.2- Mr. Vipuul Bhat as well as their

respective Counsel.

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                                                      15-REVN-327-2023.doc


6        The parties and learned Counsel submit that in view of the

recitals of the Consent Terms the dispute has been settled.

7 Permission to compound the offence is granted.

8 In view of the Consent Terms, the impugned judgment of

conviction and sentence awarded by the Magistrate's Court and

confirmed by the lower Appellate Court is set aside.

9 The applicant is acquitted of the offence punishable under

Section 138 of the Negotiable Instruments Act.

10 Her bail bonds shall stand cancelled.

11 The Revision Application stands disposed of in the aforesaid

terms.

12 In view of disposal of the Revision Application, all pending

Interim Applications shall also stand disposed of.

                                        [PRITHVIRAJ K. CHAVAN, J.]



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