Govinda Bhivraji Gaikwad v. Sanjay Narayan Chikte And Another

2024:BHC-AUG:23267 966-CrAn-4064-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4064 OF 2024 IN REVN/263/2024 WITH CRIMINAL REVISION APPLICATION NO. 263 OF 2024 WITH CRIMINAL APPLICATION NO. 4117 OF 2024 IN REVN/263/2024 GOVINDA BHIVRAJI GAIKWAD

VERSUS

SANJAY NARAYAN CHIKTE ...

Advocate for Applicant : Mr. H. P. Randhir Advocate for Respondent No.1 : Ms. Maya R. Jamdhade APP for Respondent No.2 : Mr. S. B. Pulkundwar ...

CORAM : S. G. MEHARE, J.

DATE : 01-10-2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

Both applicant/accused and respondent No.1/complainant have settled the dispute amicably. The complainant is present in the Court. He has no complaint against he applicant/accused. Affidavit-in-reply of respondent No.1 and joint compromise pursis are taken on record.

3.

The offence under Section 138 of the Negotiable Instruments Act is compoundable at any stage. The parties have amicably settled the matter. Hence, the following order:-

966-CrAn-4064-24.odt

ORDER

i) Criminal Revision Application is allowed.

ii) Since the parties have settled the matter, the judgment and order in S.C.C.No.348 of 2014 (New) [SCC No.341 of 2011 (Old)], dated 06.02.2020 and confirmed by the judgment and order of the learned Additional Sessions Judge, Chhatrapati Sambhajinagar, in Criminal Appeal No.39 of 2020, dated 23.09.2024, stand quashed and set aside. iii) The learned first Appellate Court should return the amount of Rs.21,000/- deposited in the above appeal to the applicant/accused.

iv) The bail bonds of the applicant stand cancelled. Surety also stands discharged.

v) Pending criminal applications stand disposed of. vi) Applicant - Govinda Bhivraji Gaikwad be released forthwith. ( S. G. MEHARE ) JUDGE rrd