Sanjay Parmeshwar Mittal v. Abhijeet Ravindra Patodia And ANR

5-wp-773-2023modified.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.773 OF 2023 Sanjay Parmeshwar Mittal ... Petitioner V/s.

Abhijeet Ravindra Patodia and Anr.

... Respondents Mr. Ajay Palicker i/b Ajay Law Associates for the Petitioner.

Mr.Arfan Sait, APP for the State.

Mr. Suraj R. Shukla i/b Shah Legal for the Respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 3, 2023 P.C.:

1.

The writ petition arises out of conviction and sentence in a proceedings under Section 138 of Negotiable Instrument Act, 1881.

2.

During the pendency of proceedings, parties have amicably resolved their dispute. Consent terms signed by petitioner and respondent and respective advocates, have been filed. Consent terms is marked "X" for identification. The petitioner has undertaken to honour the cheque of Rs.6,75,000/- dated 23rd April 2023. The said undertaking is accepted. The respondent's undertaking in Paragraph No.5 is accepted.

5-wp-773-2023modified.doc 3.

In view of amicable resolution of dispute, the proceedings of Criminal Case No.5869/SS/2015, pending before the 14th Court Metropolitan Magistrate Girgaon, Mumbai, is quashed and set aside.

4.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.) Note:- This order is modified as per order dated 17th April 2023.