Prakash Kisan Dharkar v. The State Of Maharashtra And Another

950-C.R.A.205-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.205 OF 2022 PRAKASH KISAN DHARKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. A. Nagode h/f Mr. R. R. Karpe APP for Respondent No.1: Mr. S. B. Narwade Advocate for respondent No.2 : Mr. P. S. Dighe ....

CORAM : S. G. MEHARE, J.

DATE : 16.03.2023 PER COURT :

1.

The parties have filed settlement terms. The same is taken on record and marked as Annexture '

A'. Both parties agreed for the terms and conditions of the settlement.

2.

The offence punishable under Section 138 of the Negotiable Instrument Act, is compoundable. The offence is compounded, hence, following order :-

ORDER

(i) The revision is allowed (ii) The impugned judgment of the learned Judicial Magistrate First Class Shrigonda passed in STC No. 333/2009, dated 21.01.2013 and impugned Judgment in Criminal Appeal No.

950-C.R.A.205-2022.odt 100 of 2019 passed by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar dated 5.7.2022 are quashed and set aside.

(iii) The petitioner-accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. (iv) The bail bonds of the petitioner stand canceled and sureties stand discharged.

(v) Respondent No.2 shall entitle to receive the amount deposited by the present petitioner before the appellate Court and this Court. The concerned Court and officers do pay the amount deposited by the applicant to respondent No.2 along with interest accrued thereon if any.

( S. G. MEHARE ) JUDGE ysk