Chandrani Hanmant Atkar And ANR v. Baramati Cattle Feeds Pvt. Ltd And ANR

ssk 1 Cri Revn 490/15-8/2/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 490 OF 2015 Smt. Chandrani Hanmant Atkar ... Applicant vs.

Baramati Cattle Feeds Pvt. Ltd. & anr.

... Respondents Mr. Vilas B. Tapkir, Advocate for the applicant. Mr. Milind Deshmukh, Advocate for respondent No.1 Mr. A. S. Shitole, Additional Public Prosecutor for the State. Applicant Smt. Chandrani Atkar present.

Mr. Amol Parvati Dhaygude, Personal Administrative Officer of respondent No.1 present.

Coram : Smt. R. P. SondurBaldota, J.

Date : 8th February, 2016.

P. C. :

1.

This Revision Application arises out of conviction of the applicant for the offences punishable under Section 138 of Negotiable Instruments Act. The conviction of the applicant has been confirmed by the lower Appellate Court. Both the advocates state that the parties have since settled the dispute and tender the consent terms signed by the parties and their respective advocates. The consent terms are taken on file and marked 'X' for identification. Leave is, therefore, granted to the parties to compound the offence and the Revision Application is allowed in terms of prayer Clause (a).

ssk 2 Cri Revn 374/15-8/2/16 2.

In view of the decision of the Apex Court in the case of Damodar S. Prabhu vs. Sayed Babala H. reported in (2010) 5 SCC page 663, the applicant is directed to pay costs of 15% of the cheque amount to the Maharashtra State Legal Services Authority. As such, the applicant is required to deposit a sum of Rs.97,000/- with the Maharashtra State Legal Services Authority. However, considering the facts and circumstances of the case, the applicant is directed to deposit a sum of Rs.75,000/- with the Maharashtra State Legal Services Authority towards the costs. Mr. Tapkir, the learned advocate for the applicant, on instructions states that the applicant will make arrangements for the deposit within ten days from today. Hence, stand over to 22nd February, 2016 for final orders. The Maharashtra State Legal Services Authority to accept the amount of Rs.75,000/- from the applicant, as and when tendered.

[Smt. R. P. SondurBaldota, J.]