Vishwanath Shrirang Wadawale v. The State Of Maharashtra And ANR

crirev192.16, etc.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.192 OF 2016 WITH CRIMINAL APPLICATION NO.4855 OF 2016 Vishwanath Shrirang Wadawale ..APPLICANT

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS Mr S.A. Wakure, Advocate for applicant;

Mr R.V. Dasalkar, Addl. Public Prosecutor for respondent no.1; Mr Balaji Shinde, Advocate for respondent no.2 CORAM : N.W. SAMBRE, J.

DATE : 1st September, 2016 ORAL ORDER :

The present applicant was convicted by the learned Judicial Magistrate First Class, Osmanabad, vide judgment and order dated 12th July, 2012, for an offence punishable under section 138 of the Negotiable Instruments Act, which was confirmed by learned Sessions Judge, Osmanabad by judgment and order dated 18th August, 2016, passed in Criminal Appeal No.109 of 2012.

2.

Parties have tendered an application pursuant to the provisions of section 147 of the Negotiable Instruments Act. Respondent no.2 - original complainant has also filed an affidavit stating that the amount of cheque and compensation is already received by him. 3.

In view thereof, the prayer for compounding stands allowed. The offence, as alleged, is compounded.

crirev192.16, etc.

(2) 4.

In view of no objection by respondent no.2, the prayer of the present applicant for withdrawal of the amount of Rs.1,00,000/- deposited in the appellate court, stands allowed.

Criminal Revision and Criminal Application stand disposed of in above terms.

(N.W. SAMBRE, J.) amj