Sanjeevan Tukaram Suryavanshi v. Tulshiram Dhondiba Shinde And ANR.

YBG wp3489-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3489 OF 2014 Sanjeevan Tukaram Suryavanshi ..

Petitioner -VersusTulshiram Dhondiba Shinde ..

Respondent Mr.Yogesh Dalvi for petitioner Mr.D.B.Shukla for respondent No.1 Mr.Ajay Patil, APP for State.

CORAM

:

M.L.TAHILIYANI, J.

DATE :

21st January 2015.

P.C.

1] The petitioner has been convicted by the learned JMFC Dahiwadi, Dist. Satara under section 138 of the Negotiable Instruments Act. He had filed an appeal against the said order. There was delay in filing the appeal. The delay was condoned subject to payment of costs within a particular time limit. The cost was not paid by the petitioner. Therefore, the appeal could not be entertained. The petitioner filed a review petition before the sessions court. That was dismissed. Hence, the present petition has been filed by the petitioner.

YBG wp3489-14 2] Learned Counsel for petitioner (accused) and the respondent (complainant) have submitted that the dispute between the parties has been resolved out of court. The respondent has received Rs.27,000/- from the petitioner by way of full and final settlement. It is submitted that the offence may be declared as compounded. Hence, I pass the following order:- (I) The offence punishable under section 138 of the Negotiable Instructions Act shall stand compounded; (II) The petitioner shall stand acquitted of the offence punishable under section 138 of the Negotiable Instruments Act; (III) The present petition stands disposed of in the above terms;

( M.L.TAHILIYANI, J.)