Namdeo Raghunath Koli v. The Navi Peth Urban Coop-Credit Societiy Ltd-Jalgaon.

902-Cri.Rev.Appln.45-14+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL REVISION APPLICATION NO.45 OF 2014 WITH APPLN/2251/2023 IN REVN/45/2014 NAMDEO RAGHUNATH KOLI

VERSUS

THE NAVI PETH URBAN COOP-CREDIT SOCIETIY LTDJALGAON. ...

Advocate for Applicant : Mr. Suryawanshi Surendra V. APP for Respondent-State : Mr. S. B. Narwade. Advocate for Respondent No.1 : Mr. Deshmukh Anand I. ...

CORAM : S. G. MEHARE, J.

DATE : 30.06.2023 PER COURT :- 1.

The applicant has filed the application to compound the offence punishable under Section 138 of the N.I. Act. He has deposited entire due amount. Learned counsel for the respondent has consented for compounding the offence. The offence punishable under Section 138 is compoundable. Therefore, the offence is compounded. Hence, the following order :

O R D E R

(i) The Criminal Revision Application is allowed as compounded.

902-Cri.Rev.Appln.45-14+1.odt (ii) The judgment and order of the learned Judicial Magistrate First Class, Jalgaon convicting the applicant for the offence punishable under Section 138 of the N. I. Act, by its judgment and order dated 15.02.2008 in SCC.No.1185 of 2002 and confirmed by the learned Additional Sessions Judge, Jalgaon by its judgment and order dated 21.02.2014 in Criminal Appeal No.27 of 2008 is quashed and set aside.

(iii) The applicant is acquitted of the offence punishable under Section 138 of the N. I. Act. (iv) Bail bonds and surety bonds stands cancelled. (v) Criminal Application stands disposed of accordingly.

(vi) Leave granted to the applicant to withdraw Rs.50,000/- lying with the Appellate Court with interest, if deposited in the bank.

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

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