Shankar Eknath Nandanwar vs Elin Johnson Nandeshkar
2024 Latest Caselaw 13742 Bom

Bombay High Court

Shankar Eknath Nandanwar vs Elin Johnson Nandeshkar on 2 May, 2024

Author: M. W. Chandwani

Bench: M. W. Chandwani

2024:BHC-NAG:5214


                                                             1                            46-revn-157-22.odt



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                          NAGPUR BENCH, NAGPUR.

                                 CRIMINAL APPLICATION (APPR) NO. 114 OF 2024
                                                                   IN
                              CRIMINAL REVISION APPLICATION NO. 157 OF 2022
                                                 Shankar Eknath Nandanwar
                                                                   Vs.
                                                   Elin Johnson Nandeshkar
                    ------------------------------------------------------------------------------------------------
                    Office Notes, Office Memoranda of                             Court's or Judge's Order
                    Coram, appearances, Court's Orders
                    or directions and Registrar's order
                    ------------------------------------------------------------------------------------------------
                                     Shri C. F. Bhagwani, Advocate for applicant.
                                     Shri M. M. Awode, Advocate for non-applicant.



                                                      CORAM :-         M. W. CHANDWANI, J.

                                                      DATED :-         02.05.2024


                                                      Heard.

2. This joint application has been tendered across the bar by the parties for compounding the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act").

3. The applicant and the non-applicant have settled their dispute and compounded the offence punishable under Section 138 of the NI Act on the condition that an amount of ₹1 lakh, deposited by the1 lakh, deposited by the applicant in this Court as well as with the Court of learned Additional Sessions Judge, Nagpur, shall be given to the non-applicant.

RR Jaiswal 2 46-revn-157-22.odt

4. For the reason mentioned in application, the application is allowed.

CRIMINAL REVISION APPLICATION NO. 157 OF 2022

5. In wake of the fact that the matter has been compounded by the parties therefore, the following order is passed:-

                                      i)            The revision is allowed.

                                      ii)           The judgment and order dated 29.06.2017

passed by the learned Judicial Magistrate First Class, Nagpur in SCC No. 6321/2016, as well as the judgment and order dated 06.07.2022 passed by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No. 203/2017 are quashed and set aside.

iii) The applicant is acquitted of the offence punishable under Section 138 of the NI Act.

iv) The bail bond of the applicant stands cancelled.

v) The amount of ₹1 lakh, deposited by the1 lakhs deposited by the applicant in this Court as well as with the Court of learned Additional Sessions Judge, Nagpur shall be given to the non-applicant.

(M. W. CHANDWANI, J.)

Signed by: Mr. Rajnesh Jaiswal RRToJaiswal Designation: PA Honourable Judge Date: 02/05/2024 16:34:09