Janardhan Jagannath Shinde v. Vilas Janardhan Kambli And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 314 OF 2016 WITH CRIMINAL APPLICATION NO. 298 OF 2016 WITH CRIMINAL APPLICATION NO. 299 OF 2016 Janardhan Jagannath Shinde ...Applicant

Versus

Vilas Janardhan Kambli & Anr.

...Respondents

Mr. Prasad Dnyaneshwar Borkar for the Applicant Mr. Sathyanarayanan for the Respondent No. 1 Ms. P. P. Shinde, A.P.P for the Respondent No.2-State CORAM : REVATI MOHITE DERE, J.

MONDAY, 8 th AUGUST, 2016 P.C. :

1.

Not on Board. Taken on Board.

2.

On 14th June, 2016, the Consent Terms entered into by and between the parties was tendered and taken on record. Since the last payment of Rs. 3,50,000/- was due and payable on 15th August, 2016, the matter was directed to be listed on 16th August, 2016 for compliance of the last payment of Rs. 3,50,000/-.

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3.

Learned Counsel for the applicant states that the applicant is making the last payment of Rs. 3,50,000/- today by pay order. 4.

Learned Counsel for the respondent No. 1 accepts the said pay order on behalf of the respondent No.1 and states that respondent No. 1 has no objection if the application is allowed, as the entire dispute is settled and all moneys have been received by the respondent No. 1. 5.

Accordingly, the revision application is allowed and the impugned judgment and order dated 16th May, 2015 passed by the learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai in Case No. 3688/SS/2013 and the judgment and order dated 29th April, 2016 passed by the learned Additional Sessions Judge in Criminal Appeal No. 671 of 2015, are quashed and set aside and the applicant is acquitted from the offence with which he is charged. Bail bonds, if any, stand cancelled. 6.

The revision application is accordingly disposed of on the aforesaid terms.

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7.

In view of the order passed in revision application, criminal application No. 298/2016 and 299/2016 do not survive. The same stand disposed of.

8.

Parties to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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