Sau Gyanibai Mohanlal Motwani. v. Bharat Prakash Darwani And Another

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPEAL NO.774 OF 2015 (Gyanibai W/o. Mohanlal Motwani Vs Bharat Prakash Darwani & another) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

V.L.ACHLIYA, J.

DATED :

28.02.2017 Mr. A.S. Barlota, Advocate for the appellant Mr.S.J. Rahate, Advocate for respondent No.1 Mr.K.D.

Mundhe, APP for the respondent/State .

The appellant (orig.

complainant) as well as the respondent (orig. accused) are present alongwith their respective Advocates and filed joint-affidavit mentioning therein that the complainant and accused have settled the matter out of the court and the complainant has received the amount in question from the accused.

2.

The learned counsel for the parties have identified their

respective clients.

3.

The appellant and the respondent present before the Court submits that they have voluntarily entered into the settlement and the respondent has paid the amount on account of cheque dishonored. The complainant has received the amount in full and final settlement of his claim.

The complainant submits that in view of the settlement arrived he is not interested to proceed with the appeal against the judgment and order of acquittal of accused passed by the trial Court and urged to dispose of the appeal accordingly.

4.

In view of the amicable settlement arrived out of the Court between the appellant and respondent and the appellant is not interested to proceed with the appeal, the appeal is disposed of as dismissed for want of prosecution.

5.

Rule discharged.

[V.L.ACHLIYA,J.] VishalK/criapl774.15