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Bombay High CourtREVN/102/2015others disposed off

Sanjeev Patil v. The State Of Maharashtra And ANR

2015-04-30Hon'Ble Shri Justice M.L. Tahaliyani2 pages

12_revn_102_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.102 OF 2015 Mr. Sanjeev Patil ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

------ Mr. Sushrut Jadhwar for the Applicant.

Mr. Manish Bohra for Respondent No.2.

Ms P.P. Bhosale, APP for Respondent No.1-State. CORAM:-M.L. TAHALIYANI, J.

DATED :30th APRIL, 2015.

P.C.

Learned Advocate for the Applicant, learned APP for the State and learned Advocate for Respondent No.2 are present. 2.

Admitted. Heard finally.

3.

The Applicant has been convicted by the learned Magistrate for the offence punishable under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') and has been sentenced to suffer SI for one month and to pay fine of Rs.4,75,000/-. It is submitted by learned counsel for the Applicant that it was further directed that the said amount, if paid by the Applicant shall be given to Respondent No.2 by way of compensation. megha Page No.1 of 2

12_revn_102_15.doc 4.

Appeal filed by the Applicant was dismissed and therefore, the present revision application has been filed. During the course of hearing of the application the dispute is settled amicably. The Applicant has agreed to pay Rs.5 lakhs to Respondent No.2. Respondent No.2 is ready to compound the offence on getting said payment.

5.

Learned counsel Mr. Manish Bohra has submitted that Respondent No.2 has received a pay order of Rs.5 lakhs issued in the name of Respondent No.2 and he is willing to compound the offence. 6.

In view thereof, offence punishable under section 138 of the Act stands compounded. The Applicant stands acquitted of the said offence. His bail bonds shall stand cancelled. Amount deposited by the Applicant in the Appellate Court and Trial Court shall be refunded to him as he has paid full compensation of Rs.5,00,000/- by way of pay order.

7.

The application stands disposed of.

(JUDGE) megha Page No.2 of 2