Namdeo Ganpatrao Bajad v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 154 OF 2015 WITH CRIMINAL APPLICATION NO. 4648 OF 2015 Namdeo Ganpatrao Bajad, Age: 40 years, Occ: Business, R/o. Near Ayyepa Mandir, Satara Parisar, Aurangabad, Tq. & Dist. Aurangabad.

...Applicant versus 1.

The State of Maharashtra.

2.

Dnyanesh Sudhakar Bhalerao, Age: 43 years, Occ: Service, Adress: Old Jalna, Double Jeen, Jalna, Tq. & Dist. Jalna (At present, Government Polytechnic, Aurangabad, Tq. & Dist. Aurangabad)

...Respondents

.....

Mr. Shripad S. Kulkarni, Advocate for applicant Smt. M.S. Patni, A.P.P. for respondent/State Mr. S.A. Deshmukh, Advocate for respondent No.2 .....

CORAM : N.W. SAMBRE, J.

DATE : 4th SEPTEMBER, 2015 ORAL ORDER :

The applicant and respondent No. 2 are personally present in the Court, who are identified by their respective Counsel. They have placed on record compromise deed, same is taken on record and marked 'X' for identification. Respondent No. 2 acknowledges the receipt of payment.

154.15crvn -22.

In view thereof, Criminal Revision Application is allowed. The offence is compounded. The judgment and order passed by the Adhoc Additional Sessions Judge-4, Jalna in Criminal Appeal No. 61 of 2012 on 06/05/2015 and conviction awarded by learned Chief Judicial Magistrate, Jalna in Summary Trial Case No. 12 of 2010 on 30/07/2012 is quashed and set aside. The applicant is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act.

3.

The amount deposited by the present applicant in the lower appellate Court, to which respondent No. 2 will be entitled for withdrawal of the same.

4.

Criminal Revision Application No. 154 of 2015 and Criminal Application No. 4648 of 2015 stand disposed of. [ N.W. SAMBRE, J. ] Tupe/04.09.15