Sanjay Baliram Rathod v. Ashish Ashok Pankhode

2025:BHC-AUG:11948 1 931.Cri.Appln.-1383-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1383 OF 2025 SANJAY BALIRAM RATHOD

VERSUS

ASHISH ASHOK PANKHODE ...

Advocate for Applicant : Mr. Shubham Jaybhar h/f Mr. Jayabhar Dattatraya R.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 24th APRIL 2025 PER COURT :

.

Heard the learned Counsel for Applicant.

2.

This application is preferred against order dated 15.02.2025 below Exhibit-61D passed by the learned Judicial Magistrate First Class, Georai Dist. Beed in S.C.C. No.111/2021. 3.

Applicant is the accused in S.C.C. No.111/2021 instituted by Respondent-Complainant under Section 138 of the Negotiable Instruments Act. The prosecution is for dishonor of cheque of Rs.3,00,000/-. Learned Counsel for the Applicant submits that there was settlement between the parties and Applicant deposited the amount in the Court. In all, Rs.50,000/- has been deposited so far. Present application is filed for settlement of the matter. 4.

I have gone through application Exhibit 61/D and order

2 931.Cri.Appln.-1383-2025.doc passed thereon. Application is rightly rejected by the Court. Learned Counsel is unable to point out settlement between the parties. There is no document to show that Complainant agreed for the settlement and it was reduced into writing before the Court. It is difficult to accede to the submission of Counsel that matter be referred to Lok Adalat. I find no merit in the application. It stands rejected. However parties shall be at liberty to request the trial Magistrate to refer the matter either to Lok Adalat, or to come up before the trial Magistrate with proper settlement.

SHAILESH P. BRAHME JUDGE NAJEEB..