Bombay High CourtREVN/326/2018others disposed off

Sudhir Ishwarchand Sachdeva v. The State Of Maharashtra And ANR.

2018-09-26Hon'Ble Shri Justice A.S. Gadkari2 pages

REVN.326-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISIOIN APPLICATION NO. 326 OF 2018 WITH APPR NO. 305 OF 2018 Sudhir Ishwarchand Sachdeva ..Applicant Vs The State of Maharashtra & Anr ..Respondents ----- Mr. Bipin Darad for Petitioner.

Mr. A.R. Patil, APP for State.

Mr. Yogesh Tripathi for respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 26th September 2018.

P.C.:

1] The applicant is convicted under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai by its Judgment and Order dated 2.12.2016 in SSC No.1130/SS/2012. The said conviction is upheld by the learned Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai by its Judgment and Order dated 13.4.2018 in Criminal Appeal No.961 of 2016. 2] The learned counsel for the applicant submitted that, the applicant and the respondent No.1 have amicably settled the matter and 1/2

REVN.326-2018.doc have entered into the consent terms dated 26th September 2018. The copy of the said consent terms are tendered across the bar. The same is taken on record and marked "X" for identification. The said consent terms are duly signed by the applicant and the respondent No.2 and their signatures have been identified by their respective Advocates. 3] In view of the said consent terms, the Judgment and Order dated 2.12.2016 passed by the learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai and the Judgment and Order dated 13.4.2018 passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai are hereby quashed and set aside.

4] Revision Application is disposed off in the aforesaid terms. 5] In view of disposal of the Revision, Criminal Application No.305 of 2018 for suspension of sentence and releasing the applicant on bail does not survive and the same is accordingly disposed off. by Anil Chandrakant Dond Date: 2018.10.04 15:56:25 +0530 Anil Chandrakant Dond (A.S.GADKARI, J.) 2/2