Adam Agency v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. REVISION APPLICATION NO. 08 OF 2014 Adam Agency, Proprietor of Shri Shivanand Laxminarayan Adam ... Applicant.

(Org.Accused No.1) V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Harshad A. Sathe i/by Saurabh Butala, Advocate for the Applicant.

Mr. Rajesh More, APP for the State.

Ms.Kshitija G. Sarangi, Advocate for Respondent No.2. --- CORAM : M.L.TAHALIYANI,J.

DATE : 09th JULY, 2015 P.C. :

This criminal revision application impugns the order passed by the Sessions Court in criminal appeal no.100 of 2012, dismissing the appeal of the applicant. The appeal had arisen out of criminal case - S.T.C. No. 1983 of 2009, decided by the learned J.M.F.C., Solapur, convicting the applicant for the offence punishable under section 138 of the Negotiable Instruments Act. The applicant was directed to pay compensation of Rs. 58,000/- to the respondent no.2. During the course of hearing of the present revision application, the consent terms have been filed by the Borey 1/2

spb/ 20revn08-14.sxw applicant and respondent no.2. They are taken on record and marked as Exh.`A' for the purpose of identification. The parties have decided to resolve the dispute if the applicant pays Rs. 50,000/- to the respondent no.2. The applicant has paid Rs.20,500/- to the respondent no.2 by way of a demand draft, which is accepted by respondent no.2. The applicant has deposited Rs. 15,000/- in this court and Rs. 14,500/- in the District and Sessions Court, Solapur.

Since the amount of Rs. 20,500/- is paid today, the amount of Rs. 15,000/- deposited in this court and the amount of Rs.14,500/- deposited in the District and Sessions Court, Solapur shall be paid to the respondent No.2 by the respective courts.

In the light of the above, the offence committed by the applicant stands compounded. The applicant stands acquitted of the offence punishable under section 138 of the Negotiable Instruments Act. His bail bond, if any, shall stand cancelled.

The learned trial court and the appellate court are directed to act on an authenticated copy of this order. Ordered accordingly.

(JUDGE) Borey 2/2