Jyoti Namdeo Mali v. Mangesh Madhukar Mahadik And ANR

37-IA-1545-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1545 OF 2019 IN REVISION APPLICATION NO.43 OF 2019 Jyoti Namdeo Mali ...Applicant Vs Mangesh Madhukar Mahadik & Anr.

... Respondents ...

Ms. Pradnya Kale for applicant in REVN 43/2019 and for respondent no.1 in IA/1545/2019.

Mr. Veerdhaval Kakade for Applicant in IA 1545/2019 and for respondent no.1 in REVN 43/2019.

Mr. A.R.Patil , APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : DECEMBER 04, 2021.

P.C. :

Heard learned counsel for the parties.

Applicant and the respondent no.1 in Criminal Revision Application No.43 of 2019 are present in the Court. They are identified by their advocates.

Shivgan 1/2

37-IA-1545-2019.odt st September, 2021 That vide deed of Settlement dated 1 entered into between the parties, supported by an affidavit of Smt. Jyoti Namdev Mali (Original Complainant), dispute is settled. Thus, they seek permission to compound offence in terms of the Section 147 of the Negotiable Instruments Act, 1881. I have perused the deed of Settlement and the affidavit of Smt. Jyoti Namdev Mali. In terms of the deed of Settlement and the affidavit, offence in question stands compounded. In effect, Respondent no.1 is acquitted in terms of Section 320(8) of the Code of Criminal Procedure, 1973 read with Section 147 of the Negotiable Instruments Act, 1881.

In the result, Jyoti Namdev Mali is permitted to withdraw Rs.1,55,000/- deposited by Mangesh Madhukar Mahadik in the Sessions Court at Pune in the Criminal Appeal No.298 of 2014. In view of the facts stated above, Interim Application alongwith Revision Application are disposed of. (SANDEEP K. SHINDE, J.) Shivgan 2/2