M/S. Deep Enterprises And ANR v. M/S. Tit-Bit Foods (India) Pvt. Ltd Through Its Manager Kamal Arunkumar Upadhyay And ANR

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.283 OF 2014 M/s. Deep Enterprises & anr.

.Applicants V/s.

M/s. Tit-Bit Foods(India) Pvt.

.Respondents Ltd. & anr.

Mrs.Dhanshree Bankhede i/b. Mr.V.R.Shinde, Advocate, for the Applicants Mr.Jagdish Chaudhary i/b. Raj Legal, Advocate, for the Respondent No.1 Mr.Sainath Totre, Applicant No.2-in-person present Mr.Uday S. Todkari, official representative of the respondent No.1 - Company present

CORAM

:

SMT.I.K.JAIN, J.

DATE :

10TH FEBRUARY, 2015 P.C.

.

Heard both the sides.

2.

Appellants were convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate, 16th Court, Bellard Pier, Mumbai vide Judgment and Order dated 19.10.2010. Appellants preferred Cri.Appeal

No.580 of 2010 against the said Judgment and Order of conviction and sentence. The said Appeal was dismissed by the learned Additional Sessions Judge, City Civil Court, Greater Bombay on 21.06.2014. Being aggrieved by the Order, the applicants have preferred the present revision application.

3.

Learned counsel for the applicants and respondent No.1 jointly submitted Consent Terms duly signed by the father of applicant No.2 and the official representative of respondent No.1. The Consent Terms were taken on record by the order of this Court passed on 20.10.2014 and marked as "X"

for identification. Applicant No.2 is present in person. He agrees to the terms of Consent Terms. The same is taken on record and marked as "X1" for identification.

4.

In view of the above, applicants are acquitted of the offence punishable under

Section 138 of the Negotiable Instruments Act. Bail bonds of applicant No.2/original accused No.2 stand canceled and he is set at liberty forthwith.

5.

Respondent No.1 is at liberty to withdraw a sum of Rs.25,400/- deposited by applicant No.2 with interest, if any accrued thereon.

6.

Criminal Revision Application is disposed of accordingly.

(SMT.I.K.JAIN, J.)