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Bombay High CourtREVN/187/2016other disposed off

Nehal Ahmed Khan v. Shamim Ahmed Siddiqui And ANR

2016-09-07Hon'Ble Smt. Justice Swapna S. Joshi2 pages

38) revn187-16 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.187 OF 2016 WITH CRIMINAL APPLICATION NO.280 OF 2016 Nehal Ahmed Khan ..Applicant.

V/s.

Shamim Ahmed Siddiqui and Anr.

..Respondents.

Mr.Akram Kapoor for the applicant.

Mr.S.V.Gavand, APP for the respondent-State.

Ms.Subi S. i/b. K.V. Sharafudeen for respondent No.1. CORAM : MRS.SWAPNA JOSHI, J.

DATED : 7TH SEPTEMBER, 2016 P.C. :- 1.

The dispute between the parties is under section 138 of the Negotiable Instruments Act. The applicant / original accused and respondent No.1 original complainant have amicably settled the dispute. They had tendered consent terms on 30th August, 2016. Today, respondent No.1 / original complainant has filed an affidavit. Perused the consent terms and the affidavit. Both the parties as well as their respective Advocates are present. The applicant / original accused and respondent No.1 / original complainant and their respective Advocates 1/2

38) revn187-16 have signed the consent terms. I have perused the consent terms. The consent terms are marked 'X' and affidavit is marked 'X-1' for identification.

2.

In view of the consent terms, the judgment passed by the learned Additional Sessions Judge, Greater Mumbai dated 3rd March, 2016 in Criminal Appeal No.442 of 2015 confirming the conviction of the applicant / accused is hereby quashed and set aside and the Criminal Revision stands disposed of accordingly. 3.

In view of the disposal of the Criminal Revision, the Civil Application does not survive and the same is disposed of as such. (MRS.SWAPNA JOSHI, J.) 2/2