Khansaheb Tayyab Inamdar v. The State Of Maharashtra And ANR

1 /2 Revn.640-17-22 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISIN APPLICATION NO.640 OF 2017 Khansaheb T. Inamdar v. Loksahanar Nagri Patsastha Ltd. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ameet Karande for the Applicant.

Mr. S.S.Hulke, APP. for the State.

Mr. Ulhas Nair for Respondent No.2.

CORAM :A.S.GADKARI, J.

DATE : 19th December, 2017 P.C.

1.

Leave to amend the cause title. Amendment to be carried out forthwith.

2.

Mr. Naik, the learned counsel appearing for respondent No.2 submitted that he will file his Vakalatnama within a period of two weeks from today. The said statement is accepted. 3.

The applicant is convicted under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate First Class, Mangalwedha in STC No.96/2010 by an order dated 19.8.2011 and sentenced to suffer simple imprisonment for two months and directed to pay compensation of Rs.60,000/-. The Criminal Appeal No.32/2011 preferred by the applicant is dismissed by the Sessions Court, Pandharpur by an order dated 11.12.2017.

4.

Mr. Naik, the learned counsel appearing for respondent No.2 Loksahanar Nagri Patsastha Ltd. on instructions from its authorized representative who is personally present in Court

2 /2 Revn.640-17-22 submitted that after Appellate Court dismissed the appeal of the applicant, parties herein have amicably settled the matter and the applicant has paid the amount involved in the said crime to respondent No.2. He has tendered on record an affidavit dated 19.12.2017 of the said authorized representative namely Shri. Dhondiram Doltade in that behalf. He further submitted that respondent No.2 has no grievance as of today if the impugned orders passed by both the Courts below are quashed and set aside.

5.

In view of the statement made by the learned counsel for the applicant and the affidavit dated 19.12.2017 the impugned Orders dated 19.8.2011 passed by the Judicial Magistrate First Class, Mangalwedha and 11.12.2011 passed by the Additional Sessions Judge, Pandharpur in Criminal Appeal No.32 of 2011 are hereby quashed and set aside.

6.

Revision Application No.640 of 2017 is allowed in the aforesaid terms.

(A.S.GADKARI, J.)