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Bombay High CourtREVN/345/2016others disposed off

M/S. Dujodwala Paper Chemicals Limited And ANR v. The State Of Maharashtra And ANR

2016-12-06Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.345 OF 2016 WITH CRIMINAL APPLICATION NO.346 OF 2016 IN REVISION APPLICATION NO.345 OF 2016

1. M/s.Dujodwala Paper Chemicals .Applicants Limited

2. Vineet Omprakash Dujodwala Vs.

The State of Maharashtra .Respondents & anr.

Ms A. Fernandes, Advocate, for the Applicants Mr.P.H.Gaikwad Patil, APP, for the Respondent No.1 - State Mr.J.Bardeskar, Advocate, for the Respondent No.2 CORAM :

REVATI MOHITE DERE, J.

DATE : 06.12.2016 P.C.

.

Learned counsel for the parties had tendered Consent Terms in this Court on 02.08.2016. Learned counsel for the Applicants states that the Applicants have made the entire payment as mentioned in the Consent Terms by way of Demand Drafts to the Respondent No.2.

2.

Respondent No.2 is present in Court. He does not dispute the said fact. He states that he has received the Demand Drafts for the amounts mentioned in para 11 of the Consent Terms. Learned counsel for the Respondent No.2 states that the Respondent No.2 has no objection, if the Revision Application is allowed and if the impugned Judgment and Order dated 11.07.2014 passed by the learned Metropolitan Magistrate, 70th Court, Mazgaon at Sewree, Mumbai in C.C.No.7000245/SS/14, convicting the Applicants for the offence punishable under Section 138 r/w. 141 of the N.I.Act and the Judgment and Order dated 30.04.2016 passed by the learned Spl. Judge, City Civil & Sessions Court, Mumbai in Cri. Appeal No.713 of 2014 confirming the said conviction are quashed & set aside and the Applicants are acquitted of the offence with which they are charged.

3.

Accordingly, the Revn. Application is

allowed & disposed of. The impugned Judgment and Order dated 11.07.2014 passed by the learned Metropolitan Magistrate, 70th Court, Mazgaon at Sewree, Mumbai in C.C.No.7000245/SS/14 convicting the Applicants for the offence punishable under Section 138 r/w. 141 of the Negotiable Instruments Act and the impugned Judgment and Order dated 30.04.2016 passed by the learned Spl. Judge, City Civil & Sessions Court, Mumbai in Cri. Appeal No.713 of 2014, confirming the said conviction are quashed & set aside and the Applicants are acquitted of the offence.

4.

In view of disposal of the Revn.

Application, Cri. Application No.346 of 2016 does not survive and the same stands disposed of accordingly.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)