Mahadeo Nanasaheb Bhosale v. Khuleshwar Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit , Kashti

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.175 OF 2016 Mahadeo Nanasaheb Bhosale, Age: 49 years, Occ: Agri., R/o. Wangdari, Tal. Shrigonda, District Ahmednagar.

..APPLICANT

VERSUS

1.

Khuleshwar Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Kashti, Tal. Shrigonda, Dist.Ahmednagar, a registered Co-operative Society under The Maharashtra Co-operative Societies Act,1960 Through it's Manager, Kisan Gulabrao Barate, Age: Major, Occ: Service, 2.

The State of Maharashtra, Through Police Inspector, Shrigonda, Tal. Shrigonda, Dist. Ahmednagar.

..RESPONDENTS WITH CRIMINAL APPLICATION NO. 4391 OF 2016 IN CRIMINAL REVISION APPLICATION NO.175 OF 2016 1.

Mahadeo Nanasaheb Bhosale, Age: 49 years, Occ: Agri., R/o. Wangdari, Tal. Shrigonda, District Ahmednagar.

2.

Khuleshwar Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Kashti, Tal. Shrigonda, Dist.Ahmednagar,

(2) A registered Co-operative Society under The Maharashtra Co-operative Societies Act,1960 Through it's Authorized Officer, Bapurao Yadav Haral, Age: 32 years, Occ: Service ..APPLICANTS

VERSUS

The State of Maharashtra, Through Police Inspector, Shrigonda, Tal. Shrigonda, Dist. Ahmednagar.

..RESPONDENT Mr S.V. Deshmukh, Advocate for applicant in CRA No.175/2016 and for applicant No.1 in CA No.4391/2016;

Mr. S.V. Suryawanshi, Advocate for respondent No.1 in CRA No.175/2016 and for applicant No.1 in CA No.4391/2016;

Mr A.S. Shinde, Addl. Public Prosecutor for respondent/State CORAM : N.W. SAMBRE, J.

DATE : 4th August, 2016 ORDER :

The revisioner - applicant was convicted by learned Judicial Magistrate, First Class, Shrigonda, District Ahmednagar vide judgment and order dated 23rd June, 2008 in Summary Trial Case No. 190 of 2003 for an offence punishable under Section 138 of the Negotiable Instruments Act, which conviction was confirmed in Criminal Appeal

(3) No. 100 of 2008 by learned Additional Sessions Judge, Ahmednagar, on 11th March, 2016. As such, present criminal revision application.

2.

Both the parties are present before this Court and identified by their respective Counsel. Joint pursis i.e. Criminal Application No. 4391 of 2016, pursuant to the provisions of Section 147 of the Negotiable Instruments Act, for compounding the case is filed before the Court. Both the parties are agreed the terms as stated in the criminal application.

3.

In view thereof, the matter is compounded.

As such, the order passed by learned Judicial Magistrate, First Class, Shrigonda, District Ahmednagar in Summary Trial Case No. 190 of 2003 on 23rd June, 2008 and the order passed by learned Additional Sessions Judge, Ahmednagar in Criminal Appeal No. 100 of 2008 on 11th March, 2016 stand set aside. Applicant Mahadeo Nanasaheb Bhosale is discharged.

(4) 4.

Criminal Revision Application No.175 of 2016 and Criminal Application No.4391 of 2016 stand disposed of in above terms.

(N.W. SAMBRE, J.) Tupe