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Bombay High CourtREVN/50/2014allowed

Dhananjay Arjun Teli v. Deepak Laxmanrao Kudale And ORS

2022-09-30Hon'Ble Shri Justice Prakash D. Naik2 pages

25-REVN-50-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 50 OF 2014 Dhananjay Arjun Teli ...Applicant

Versus

Deepak Laxmanrao Kudale And Ors.

...Respondents

....

Mr. Pandit Kasar, Advocate for the Applicant. Mr. Girish R. Agarwal, Advocate for Respondent No.1. Mr. S. R. Agarkar, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

30th SEPTEMBER, 2022.

PER COURT :

1.

It is jointly submitted by the Advocate appearing for the respective parties that the dispute has been settled and consent terms are executed. The consent terms signed by the respective parties and their Advocates are tendered. It is taken on record and marked as 'X' for identification.

2.

It is agreed between the parties that the amount of Rs.15,00,000/- deposited by the revision applicant before this Court and the amount of Rs.2,00,000/- deposited in the Sessions Court, Pune in Criminal Appeal No.276 of 2011 may be allowed to be withdrawn by the original complainant/respondent in the present revision application. Although the parties are present in by SAJAKALI LIYAKAT JAMADAR Date:

2022.10.01 18:54:01 +0530 the Court, they have confirmed consent terms. It is also agreed SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

25-REVN-50-2014.doc that the proceedings initiated against the revision applicant which are subject matter of the impugned judgment of conviction may be quashed and set aside.

3.

Considering the aforesaid submissions, I pass the following order :-

ORDER

i.

Revision Application No. 50 of 2014 is allowed; ii.

The judgment and order dated 10-06-2011 passed by the 18th Joint J.M.F.C., Pune, in C.C. No.5652 of 2008 convicting the revision applicant for offence under Section 138 of Negotiable Instruments Act and the judgment and order dated 31.12.2013 passed by the Extra Joint Ad-hoc Additional Sessions Judge, Pune, in Criminal Appeal No.276 of 2011 are quashed and set aside and the revision applicant is acquitted for the offence under Section 138 of Negotiable Instruments Act, 1881.

iii.

The amount of Rs.15,00,000/- deposited by the revision applicant in this Court and Rs.2,00,000/- deposited in the Sessions Court at Pune are permitted to be withdrawn by the original complainant/respondent along with accrued interest therein.

iv.

The revision applicant shall cooperate in withdrawal of the said amount and receipt, if any about the deposit of the said receipts be provided in the said Court.

v.

Revision Application is disposed off accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar