Prakash Velji Ganatra v. Ashok Babulal Thakkar And ANR

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.11.07 13:33:54 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 643 OF 2009 WITH INTERIM APPLICATION NO. 3324 OF 2023 IN CRIMINAL REVISION APPLICATION NO. 643 OF 2009 Prakash Velji Ganatra .. Applicant Vs.

Ashok Babulal Thakkar & Anr.

.. Respondents .....

Mr. Viraj Shelatkar i/b Ganesh K. Gole for the applicant Mr. S.B. Dhotre a/w Dhanashri Shinde for respondent no.1 Ms. G.P. Mulekar, APP for the respondent - State .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 6th NOVEMBER, 2023 P.C.

1.

Heard.

2.

The applicant has been convicted and sentenced by the Special Metropolitan Magistrate & Judge of Small Causes Court, Mumbai in C.C. No.527/SS/2005, which was confirmed by the Additional Sessions Judge on 28th October 2009, against which the

applicant / accused has preferred the present Criminal Revision Application.

3.

The parties have amicably settled the dispute. An affidavit to that effect is sworn by the applicant praying for permission to compound the offence punishable under Section 138 of the Negotiable Instrument Act.

4.

Learned Counsel for the respondent - complainant has no objection for granting permission to compound the offence in question.

5.

Both the complainant as well as the applicant are present before the Court today. Learned Counsel for the parties have vouched their respective identities. The affidavit of respondent no.1 / complainant, dated 28th July, 2023 is taken on record and marked "X" for identification.

6.

In view of the amicable settlement of the dispute, permission to compound the offence under Section 138 of the N.I. Act is granted.

7.

The applicant is acquitted of the offence punishable under Section 138 of the N.I. Act. His bail bond has been cancelled. The applicant is permitted to withdraw an amount of Rs.2 lakhs deposited in this Court along with accrued interest, if any, till date. 8.

The Revision Application stands disposed of in the aforesaid terms.

9.

In view of the disposal of the Revision Application, pending application also stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)