Ajay Berry v. Kiran Ratanchand Kothari And ANR

p-1 APPR 476-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 475 OF 2015 {For Condonation of Delay} IN CRIMINAL REVISION APPLICATION (ST) NO. 564 OF 2015 WITH CRIMINAL APPLICATION NO. 476 OF 2015 {For Bail} IN CRIMINAL REVISION APPLICATION (ST) NO. 564 OF 2015 Ajay Berry ... Applicant V/s.

Kiran Ratanchand Kothari & Anr.

... Respondents Mr. Rohit P. Sawant for the Applicant.

Mr. Bharat Jain for Respondent No.1.

Mr. D.P. Adsule, A.P.P. for the State.

CORAM : A. V. NIRGUDE, J.

DATE : 27th NOVEMBER, 2015.

P.C. :

1.

This Criminal Revision Application along with the delay condonation application can be disposed of today. The parties have settled their disputes. The respondent complainant is present in Court. He is identified by his Advocate. In order Waghmare 1/2

p-1 APPR 476-15.sxw to record the settlement between the parties, the respondentcomplainant has filed his own affidavit in which he has stated that he has settled the dispute and has no objection if the applicant-accused is acquitted and released from custody. 2.

The applicant was convicted for the offence punishable under Section 138 of Negotiable Instruments Act. The respondent-complainant now states that he has received the amount which fully settles his dues.

3.

In view of the above, the delay is condoned. Criminal Revision Application is allowed. The judgment convicting the applicant is set aside and the applicant is now acquitted. The applicant be released from custody forthwith. The revision application is disposed of.

4.

In view of acquittal of the applicant, the criminal application for bail does not survive it accordingly stands disposed of.

5.

All concerned to act upon the authenticated copy of this order.

(A.V.NIRGUDE, J.) Waghmare 2/2