Prabhudas Gangaram Ranglani v. Bhaichand Hirachand Raisony Multi State Cre. Co-Op. Society Ltd, Jalgaon Thr Sunil G. Patil And ANR

953-Cri.Rev.Appln.9-23 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CRIMINAL REVISION APPLICATION NO.9 OF 2023 WITH APPLN/147/2023 IN REVN/9/2023 WITH APPLN/439/2023 IN REVN/9/2023 PRABHUDAS GANGARAM RANGLANI

VERSUS

BHAICHAND HIRACHAND RAISONY MULTI STATE CRE. COOP. SOCIETY LTD, JALGAON THR SUNIL G. PATIL AND ANOTHER ...

Advocate for Applicants : Mr. Suryawanshi Surendra V. Advocate for Respondent No.1 : Mr. D. P. Munde. APP for Respondent No.2-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 02.02.2023 PER COURT :- 1.

The applicant has filed Criminal Application No.439 of 2023 for compounding the offence punishable under Section 138 of the Negotiable Instruments Act. In Affidavit-in-reply, respondent No.1 has given the consent to compound the offence and setting aside the impugned judgment and order of conviction. Out of the amount of Rs.3,00,000/-, Rs.2,40,000/- has been paid through Demand Draft and amount of Rs.60,000/- is agreed to be paid to the complainant, which is lying with the learned Trial Court.

953-Cri.Rev.Appln.9-23 & ors.odt 2.

Both the parties have settled the dispute amicably. Hence, the following order :

O R D E R

(i) The Criminal Revision Application is allowed. (ii) The judgment of learned Judicial Magistrate First Class, Court No.2, Jalgaon in SCC.No.148 of 2005 and judgment and order of learned Ad-hoc Additional Sessions Judge-3, Jalgaon in Criminal Appeal No.33 of 2016, dated 21.12.2022 quashed and set aside.

(iii) The applicant is acquitted.

(iv) The bail bonds of the applicant stand cancelled and sureties stand discharged.

(v) The respondent/complainant is at liberty to withdraw the amount of Rs.60,000/- lying with the Trial Court.

(vi) All Criminal Applications accordingly stand disposed of.

(S. G. MEHARE, J.) ...

vmk/-