Ashok Bhupatrai Gandhi v. State Of Maharashtra And ANR

902-revn-385-2016.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.385 OF 2016 Ashok Bhupatrai Gandhi ...

Applicant vs.

State of Maharashtra & Anr.

...

Respondents Mr. Nishant V. Gupta for the Applicant.

Mr. Yatin Shah for Respondent no.2.

Ms. V. S. Mhaispurkar, APP for the State.

CORAM : A. K. MENON, J.

DATE : 21 st JUNE, 2017 P.C.:

1.

In this Criminal Revision Application the applicant [original accused] has challenged order dated 6 th April, 2016 passed by the Sessions Court and order dated 23 rd January, 2014 passed by the Metropolitan Magistrate Court convicting the appellant for offence under Section 138 of the Negotiable Instruments Act and sentencing him. The applicant [original accused] and the second respondent who are both present in Court have amicably settled the dispute. The consent terms dated 21 st June, 2017 are taken on record and marked 'X' for identification 2.

Consent terms have been filed today which records that the respondent (original complainant) agreed to accept Rs.4,00,000/- in two installments. Firstly by Rs.2,80,000/- by Demand Draft and balance Rs.1,20,000/- by allowing the respondent to withdraw the said amount which has been deposited in the trial Court.

1/2

902-revn-385-2016.odt 3.

They seek permission to compound the offence. Both parties have tendered consent terms signed by the parties and Advocate. In view of the settlement the offence can be compounded.

4.

I, therefore pass the following Order : - (i) The Revision application is disposed off in terms of consent terms. (ii) Undertaking contained in the consent terms are accepted. (iii) Subject to payment of costs of Rs.1000/- to the Maharashtra State Legal Services Authority within one week from date of uploading this order, orders dated 23 rd January, 2014 passed by the Metropolitan Magistrate Court and Order dated 6 th April, 2016 passed by the Sessions Court are quashed and set aside.

5.

Stand over to 5 th July, 2017 for compliance.

(A. K. MENON, J.) 2/2