Sudhir Haribhau Pagare@Umralkar vs Harshada Bhavin Shaha And Anr.
2025 Latest Caselaw 5722 Bom

Bombay High Court

Sudhir Haribhau Pagare@Umralkar vs Harshada Bhavin Shaha And Anr. on 17 September, 2025

Author: Amit Borkar

Bench: Amit Borkar

2025:BHC-AS:38651
                                                                                     21-ia2193-2025 & revn190-2019.doc


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

                                      CRIMINAL REVISION APPLICATION NO.19O OF 2019
                                                                       WITH
                                           INTERIM APPLICATION NO.2193 OF 2025
                                                            IN
                                       CRIMINAL REVISION APPLICATION NO.190 OF 2019

                             Sudhir Haribhau Pagare @ Umralkar                       ... Applicant
                                        V/s.
               Digitally


      ATUL
               signed by
               ATUL
               GANESH
                             Harshada Bhavin Shah & Anr.                             ... Respondents
      GANESH   KULKARNI
      KULKARNI Date:
               2025.09.17
               18:06:24
               +0530

                             Mr. Chetan S. Damre for the applicant.
                             Mr. Abhijit Joshi for respondent No.1.
                             Mrs. Kranti T. Hiwrale, APP for respondent No.2-State.


                                                                  CORAM       : AMIT BORKAR, J.

                                                                  DATED       : SEPTEMBER 17, 2025
                             P.C.:

1. For the reasons stated therein, Interim Application No.2193 of 2025 is allowed. Criminal Revision Application No.190 of 2019 is restored to file.

Criminal Revision Application No.190 of 2019:

2. The revision application is filed by the accused in a proceedings under Section 138 of the Negotiable Instruments Act, 1881. The Trial Court by judgment and order dated 8 May 2014 convicted and sentenced the applicant to suffer simple imprisonment for three months, and directed him to deposit Rs.97,500/- towards compensation of the cheque amount. The said

21-ia2193-2025 & revn190-2019.doc

judgment and order has been confirmed by the Appellate Court, against which the accused has filed present revision application.

3. Learned Advocate for the original complainant submits that he has received a message on WhatsApp that the complainant has received entire amount and has entered into a Memorandum of Understanding, which is annexed to the Interim Application No.2193 of 2025 seeking restoration, wherein it is admitted by the complainant that she has received an amount of Rs.1 lakh and, therefore, they have decided to amicably resolved the dispute. The MoU dated 14 July 2023 is already part of the annexure to the Interim Application No.2193 of 2025.

4. In my opinion, therefore, the conviction and sentence imposed by the Judgment and Order dated 8 May 2014 by the Judicial Magistrate First Class - 3, Nashik in SCC No.837 of 2011, confirmed in Criminal Appeal No.99 of 2014 stands quashed and set aside.

5. The criminal revision application stands disposed of in above terms.

(AMIT BORKAR, J.)