Om Prakash Shivprasad Somani v. Sustainable Agro Commercial Finance Limited

by SATISH RAMCHANDRA SANGAR Date:

2024.03.02 19:59:39 +0530 SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT CRIMINAL REVISION APPLICATION NO. 124 OF 2023 WITH INTERIM APPLICATION NO. 1732 OF 2023 IN CRIMINAL REVISION APPLICATION NO. 124 OF 2023 Om Prakash Shivprasad Somani ...Applicant Vs.

Sustainable Agro Commercial Financial Limited and Anr.

...Respondents

*** Mr.B.D.Chavan - Advocate for Applicant.

Mr.Mukund Pandya h/f Mr.Yashpal M. Thakur - Advocate for Respondent No.1.

Mr.Aakash Indurkar - Authorized Representative for Respondent No.1. ***

CORAM

: S. M. MODAK J.

[HEAD OF THE PANEL] V. V. KATHARE REGISTRAR (VIGILANCE-II) MEMBER S. N. PHAD DEPUTY REGISTRAR MEMBER DATED : 03rd MARCH, 2024 Satish Sangar 1/5

P.C. :- 1.

The Applicant - Accused and Representative of Respondent - Complainant both are present.

2.

Duly signed 'consent term' was already filed on record before the Regular Court on 28th February, 2024. They admit the contents of 'consent terms'. They are also signed by the respective Advocates. 3.

The Respondent - Original Complainant admits that it had received the entire amount as per the 'consent terms'. 4.

There is a conviction recorded by the Court of Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai ["Metropolitan Magistrate"] on 5th February, 2019 for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ["NI Act"]. It is confirmed by the Court of Additional Sessions Judge - Greater Mumbai with some modification. For ready reference, the 'consent terms' are scanned and reproduced herein below :- Satish Sangar 2/5

Satish Sangar 3/5

5.

As the parties have settled the dispute, the conviction ordered by the Court of Metropolitan Magistrate and confirmed by the Court of Additional Sessions Judge is hereby set aside. The Applicant/accused is acquitted for the offence punishable under Section 138 of NI Act. His bail bond stands cancelled.

Satish Sangar 4/5

6.

Revision Application is disposed of accordingly. 7.

Court fees be refunded as per the Rules.

8.

In view of the above, Interim Application is also disposed of. [S. N. PHAD] [V. V. KATHARE] [ S. M. MODAK J.] HEAD OF THE PANEL MEMBER MEMBER Satish Sangar 5/5