M/S Mukesh B Jhaveri And ANR v. The State Of Maharashtra And ANR

2024:BHC-AS:4322

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.330/2022 WITH INTERIM APPLICATION NO.2721/2022 IN CRIMINAL REVISION APPLICATION NO.330/2022 M/S. MUKESH B. JHAVERI & ANR.

..APPLICANTS VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Meghashyam Kochrekar a/w. Adv. Akshay Kamble a/w. Adv. Neha Patil, Adv. Rina Ram i/b. Vivaka Partners for the applicants.

Mr. S. H. Yadav, APP for the State.

Adv. Girish Agrawal a/w. Adv. Shubham Jangam i/b. Adv. Amit Sirsath for the respondent no.2.

------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 30, 2024.

P.C. :

1.

Learned counsel for the applicants filed the afÏdavitcum-undertaking which is duly afÏrmed by the applicant Mr. Mukesh B. Jhaveri, which is taken on record and marked as 'X' for identification.

2.

Mr. Girish Agrawal, learned counsel for the respondent no.2 submits that the respondent no.2 has no objection if the revision application is disposed of in view of the 1/3

afÏdavit-cum-undertaking filed by Mr. Mukesh B. Jhaveri subject to him abiding by the statements made in the afÏdavit-cum-undertaking and making the payment as per the schedule stipulated in the afÏdavit-cum-undertaking. 3.

The applicant Mr. Mukesh B. Jhaveri is personally present in the Court who is duly identified by learned counsel for the applicants. Mr. Mukesh B. Jhaveri has agreed and undertaken to this Court to abide by the statements made in the afÏdavit-cum-undertaking dated 23/1/2024. 4.

Learned counsel for the applicants submitted that in the event there is a failure on the part of the applicants to abide by the afÏdavit-cum-undertaking tendered, the order impugned in this revision application shall stand revived. 5.

Mr. Aditya Khetan, representative of the respondent no.2 is present in the Court identified by his counsel, through his counsel submits that the complainant has no objection in disposing of the revision application by setting aside the impugned order in view of the afÏdavit-cumundertaking. 6.

The applicant Mr. Mukesh B. Jhaveri to abide by the afÏdavit-cum-undertaking. If the terms are not abided the 2/3

order impugned in this revision application shall stand revived and the applicant shall face the consequences of the impugned order.

7.

The revision application is allowed in view of the afÏdavit-cum-undertaking filed by the applicant Mr. Mukesh B. Jhaveri. The impugned order of conviction is set aside. 8.

The criminal revision application stands disposed of. 9.

The interim application also stands disposed of. (M. S. KARNIK, J.) 3/3