Priya Dhanaji Patil v. Girish Kesarinath Patil And ANR

2 APPR.278.17 in REVN.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 278 OF 2017 IN REVISION APPLICATION NO. 286 OF 2017 Mrs. Priya Dhanaji Patil ... Applicant

Versus

Mr. Girish Kesarinath Patil & Anr.

... Respondents . . . . . .

Mr. Mahindra B. Deshmukh for Applicant.

Mr. Vaibhav Gaikwad i/b Mr. Ganesh Mohite for Respondent No.1. Mr. R. M. Pethe, APP for Respondent No.2-State. . . . . . .

CORAM : A. S. GADKARI, J.

DATE : 13th AUGUST, 2019 P. C. :

1.

Mr. Deshmukh, the learned counsel for the applicant submitted that, in pursuance of order dated 5th August, 2019 the applicant has paid the said cost of Rs. 5,000/- to the concerned Authority. He has produced on record photocopy of the receipt issued by the concerned Department in that behalf.

2.

In view thereof, the applicant is permitted to compound offence under Section 138 of the Negotiable Instrument Act,1881 in Summary Criminal Case No. 649 of 2013, as per the terms mentioned in the consent terms dated 29.07.2019.

3.

In view of the compounding of the offence, the conviction and sentence imposed upon the applicant by the learned Judicial 1/2

2 APPR.278.17 in REVN.doc Magistrate First Class, C.B.D. Belapur in Criminal Case No. 649 of 2013 is hereby quashed and set aside and as a consequence thereof, the Judgment and order dated 11.01.2017 passed in Criminal Appeal No. 125 of 2014 is also quashed and set aside.

4.

Criminal Application is allowed in the aforesaid terms. 5.

All the concerned to act on authenticated copy of this Order. (A. S. GADKARI, J.) 2/2