Sangeeta Borwell Through Its Prop. Sahebrao Yadavrao Maske v. Sandip Haribhau Patil
2024:BHC-AUG:24336 29-CrRn-3501-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 233 OF 2024 WITH CRIMINAL APPLICATION NO. 3501 OF 2024 IN REVN/233/2024 SANGEETA BORWELL THROUGH ITS PROP. SAHEBRAO YADAVRAO MASKE
VERSUS
SANDIP HARIBHAU PATIL ...
Advocate for Applicant : Ms. Vaishali Arun Shinde (More) Advocate for Respondent : Mr. Sharayu B. Pethkar holding for Mr. Anil Piratwad ...
CORAM : S. G. MEHARE, J.
DATE : 07-10-2024 PER COURT :- 1.
Heard the learned counsel for the applicant.
2.
Issue notice to the respondent.
3.
Ms. Pethkar, learned counsel holding for Mr. Piratwad, learned counsel waives service of notice for the respondent. 4.
Both applicant/accused and the respondent/complainant are present before the Court.
5.
The learned counsel for the applicant states that the parties have arrived at settlement and the terms were reduced to writing. They have placed their settlement terms, which bears the signatures of the accused and the complainant. It is taken on record.
29-CrRn-3501-24.odt 6.
The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. However, the offence under Section 138 of the N.I.Act, is compoundable.
7.
In view of the compromise terms, the following order is passed: -
ORDER
i) Criminal Revision Application is allowed.
ii) The judgment and order of the learned Judicial Magistrate First Class, Court No.9, Aurangabad, passed in Summary Criminal Case No.8329 of 2018, dated 03.01.2023 and confirmed by judgment and order of the learned Additional Sessions Judge, Chhatrapati Sambhajinagar, in Criminal Appeal No.16 of 2023, dated 15.03.2024, stand quashed and set aside, as the offence is compounded.
iii) The applicant/accused stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
iv) Bail bonds are cancelled. Surety stands discharged. v) Pending applications stand disposed of.
( S. G. MEHARE ) JUDGE rrd