Sidheshwar S/O Sakharam Suryawanshi v. Ganpat S/O Namdeorao Bhosale

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.211 OF 2015 WITH CRIMINAL REVISION APPLICATION NO.268 OF 2014 Sidheshwar s/o Sakharam Suryawanshi. ....Applicant

Versus

Ganpaty s/o Namdeorao Bhosale.

....Respondent.

Mr. M. D. Shinde, Advocate for applicant.

Mr. S. V. Kupetkar h/f. Mr. V. D. Salunke, Advocate for respondent. CORAM : T.V. NALAWADE, J.

DATED : 16th June, 2015.

PER COURT :

1.

The revision is filed to challenge the judgment and order of Criminal Appeal No. 52/2013 which was filed by petitioner to challegne the judgment of conviction and sentence given for the offence punishable under section 138 of Negotiable Instruments Act. Other application is filed for permission to withdraw the amount, which is filed by original complainant.

2.

Today, learned counsel for both the sides filed compromise pursis. They submitted that dispute is settled out of the Court. The learned counsel for the complainant submitted that matter be disposed of by treating that they want to compound the offence.

3.

In view of the compromise pursis and submissions, the revision is allowed. The judgment and order of JMFC and Sessions Court are hereby set aside. Permission is granted to compound the offence. The offence is compounded. The accused stands acquitted. Payment of the amount already deposited in Sessions Court is to be made to original complainant. In those terms, both proceedings are disposed of. The record and proceeding be sent to Sessions Court. [ T.V. NALAWADE, J. ] mnp/