Shantikumar Kripashankar Pandey v. Vijayprakash R. Dubey And ANR

Tauseef 04-REVN.595.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.595 OF 2019 WITH CRIMINAL INTERIM APPLICATION NO.1550 OF 2019 WITH CRIMINAL INTERIM APPLICATION NO.1549 OF 2019 Shantikumar Kripashankar Pandey ...Applicant V/s.

Vijayprakash R. Dubey & Anr.

...Respondents

Mr. A. K. Shukla a/w Ms. Shweta Tiwari for Applicant. Mr. Vijayprakash R. Dubey, Advocate for Respondent No.1. Mr. A. R. Patil, APP for Respondent No.2 (State).

CORAM

: A. S. GADKARI, J.

DATE : 31st MARCH, 2021.

P.C. :

1.

Learned counsel for the Revision Applicant submitted that, the Applicant and Respondent No.1 have settled the matter amicably and have entered into the Compromise Deed dated 10th March 2021. The Respondent No.1 Mr. Vijayprakash R. Dubey is personally present in the Court and admitted the said Compromise Deed. He further submitted that, he has no objection, if the impugned Judgments and Orders are quashed and set aside and the Applicant be acquitted from the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act').

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Tauseef 04-REVN.595.2019.doc The Compromise Deed dated 10th March 2021 is signed by the Applicant and Respondent No.1 and their signatures have been identified by Advocate Mr. A. K. Shukla. The said Compromise Deed is taken on record and marked 'X' for identification.

2.

In view of the settlement arrived at between the Applicant and Respondent No.1, the impugned Judgments and Orders dated 1st March 2018, passed by the learned Judicial Magistrate, First Class, Court No.8, Thane, in S.C.C. No.9166 of 2013 and dated 26th November 2019, passed by the learned Ad-hoc District Judge-2, Thane, in Criminal Appeal No.68 of 2018 are quashed and set aside. Applicant is acquitted from the offence punishable under Section 138 the N.I. Act in the said case. 3.

Revision Application is allowed in the aforesaid terms. 4.

In view of the disposal of Revision Application No.595 of 2019 and Interim Application No.1550 of 2019, does not survive and are accordingly disposed of.

(A. S. GADKARI, J.) Pg 2 of 2