Brijmohan Vasudev Jalan v. Pravin Ramanlal Bhansali And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 366 OF 2016 WITH CRIMINAL APPLICATION NO. 361 OF 2016 Brijmohan Vasudev Jalan ...Applicant

Versus

Pravin Ramanlal Bhansali & Anr.

...Respondents

Mr. Rohit S. Gangawane for the Applicant Mr. Agasti Vibhute for the Respondent No. 1 Mr. A. S. Shitole, A.P.P for the Respondent No.2-State CORAM : REVATI MOHITE DERE, J.

MONDAY, 11 th JULY, 2016 P.C. :

1.

Learned Counsel for the applicant and the respondent No. 1 state that the parties have arrived at a settlement and tender the Consent Terms dated 11th July, 2016, duly signed by the parties. The same are taken on record and marked `X' for identification. Both the applicant and the respondent No. 1 are present in Court and have been identified by their respective Counsel.

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2.

As recorded in the Consent Terms, the applicant has agreed to pay the respondent No. 1 a sum of Rs. 2 lakhs. Out of the said amount of Rs. 2 lakhs, the applicant has paid a DD of Rs. 1,00,000/- to the respondent No. 1, which the learned Counsel for the respondent acknowledges. As per the Consent Terms, the applicant has no objection if the respondent No. 1 withdraws an amount of Rs. 1 lakh deposited by the applicant in the Sessions Court, Pune, along with the interest accrued thereon, if any. The respondent No. 1 has also given his no objection, to the quashing and setting aside of the impugned judgment and order dated 3rd May, 2016 passed by the learned JMFC and confirmed by the learned Additional Sessions Court vide judgment and order dated 30th March, 2016 in Criminal Appeal No. 273 of 2013.

3.

In view of the Consent Terms, the impugned judgment and order dated 3rd May, 2013 passed by the learned JMFC and confirmed by the learned Additional Sessions Judge vide judgment and order dated 30th March, 2016 are quashed and set-aside and the applicant is acquitted of the offence with which he is charged.

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4.

Respondent No. 1 is permitted to withdraw a sum of Rs. 1 lakh, which is deposited by the applicant in the Registry of the Sessions Court, in Criminal Appeal No. 273 of 2013 along with interest, if any, accrued thereon.

5.

Application is accordingly disposed of on the aforesaid terms. 6.

In view of the above order, application No. 361 of 2016 has become infructuous. The same stands disposed of accordingly. 7.

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

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