Shivaji Natha More v. The State Of Mah. And ANR.

2024:BHC-AUG:15986 108-Cri.Rev.Appln.7-06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 108 CRIMINAL REVISION APPLICATION NO. 7 OF 2006 SHIVAJI NATHA MORE

VERSUS

THE STATE OF MAH. AND ANR.

...

Advocate for Applicant : Mr. A. D. Sonkawade. APP for Respondent/State : Mr. S. R. Wakale.

Advocate for Respondent No.2 : Mr. S. G. Jayewar h/f Mr. A. V. Hon.

...

CORAM : S. G. MEHARE, J.

DATE :

29.07.2024 PER COURT :- 1.

The accused/applicant has been produced before the Court under Non Bailable Warrant.

2.

Learned counsel for the applicant submits that the disputed cheque amount was deposited with the complainant and nothing remained to be paid.

3.

Learned counsel for the complainant filed a letter contending that the applicant had deposited the disputed cheque amount. One Vikas Bhise is authorized to file the written or oral statement before the Court and take the matter back. That letter is taken on record. The person authorized on behalf of the complainant and the learned counsel submit that

108-Cri.Rev.Appln.7-06.odt the complainant does not want to proceed with the matter, as the dispute has been settled. It may be compounded. 4.

Learned counsel for the applicant also contends that he does not want to pay anything to the complainant. In view of compounding the offence, the following order is passed :

O R D E R

(i) Criminal Revision Application stands allowed. (ii) The order of the learned Judicial Magistrate First Class passed in S.T. Case No.216 of 2000, dated 10.01.2005 and the judgment and order of the learned Sessions Judge, Ahmednagar passed in Criminal Appeal No.14 of 2005, dated 10.01.2006 stand quashed and set aside.

(iii) The applicant is acquitted for the offence punishable under Section 138 of the N. I. Act. (iv) Bail bonds and surety bonds of the applicant/accused stand cancelled.

(v) He be released forthwith.

(vi) R and P be returned to the learned Trial Court. (S. G. MEHARE, J.) ...

vmk/-