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Bombay High CourtWP/1846/2006

Dakshesh Babubhai Shroff v. The State Of Maharashtra And ORS.

2015-04-28Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1846 OF 2006 Dakshesh B. Shroff ... Petitioner

Versus

Vijay J. Mehta ... Respondent Ms. Pravina Karani i/by Mr. S.P. Narkar for the petitioner. Ms. Aarti Kulkarni i/by M/s. Bhave & Co. for respondent nos. 3 and 4. Mr. Anilkumar Patil for respondent no. 2.

Mr. D.R. More, A.P.P. for the State.

CORAM : M.L. TAHALIYANI, J.

DATED : APRIL 28, 2015 P.C.

This writ petition was filed for quashing the proceedings pending against petitioner/accused no. 3 in Criminal Case No. 1354/S/2003 pending in the court of Metropolitan Magistrate, 20th Court, Mazgaon. During the pendency, the dispute between the petitioner and respondent no.2 has been resolved amicably. Consent terms prepared by the parties are taken on record and marked "A" for identification.

2.

The offence shall be treated as compounded. Petitioner shall stand acquitted of the offence punishable under section 137 of the Negotiable

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3-wp-1846.2006.sxw Instrument Act. The bail bonds if any shall stand cancelled. Petitioner has paid Rs.25,000/- to respondent no. 2 in the past. Rs.2,75,000/- have been deposited by the petitioner in this court.

3.

In view of the consent terms, the said amount of Rs.2,75,000/- is allowed to be withdrawn by respondent no. 2 along with interest accrued thereon. Writ petition stands disposed of accordingly. (JUDGE)