Ajaykumar Arunkumar Bubna And ANR v. The State Of Maharashtra And ANR

962- Cri. Appln. No. 2958-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2958 OF 2018 1.

Mr. Ajaykumar Arunkumar Bubna, Age : 35 Years, Occ. Business, Having Office at 1401-A, Naman Midtown, 14th Floor, Senapati Bapat Marg, Mumbai - 400 013.

2.

Mr. Nimai Vijaykumar Agarwal, Age : 34 Years, Occ. Business Having office at 1401-A, Naman Midtown, 14th Floor, Senapati Bapat Marg, Mumbai - 400013.

.. APPLICANTS

VERSUS

1.

The State of Maharashtra 2.

Mr. Sumedh Kakasaheb Gangawane, Age : 45 Years, Occ. Business, R/o. Hudco, N-11, Navjeevan Colony, Aurangabad.

..RESPONDENTS ...

Mr. Joydeep Chatterji, Advocate, for the Applicants. Mr. P.G. Borade, Additional Public Prosecutor, for respondent No.1.

Mr. Bipinchandra K. Patil, Advocate for respondent No.2. ...

CORAM

:T.V. NALAWADE AND MANGESH S. PATIL ,JJ.

DATE : 14th MARCH, 2019.

ORAL JUDGMENT :- Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.

2.

The present proceeding is filed for relief of quashing of FIR No. 214/2018 Registered with MIDC, CIDCO Police Station, Aurangabad for

962- Cri. Appln. No. 2958-2018.odt the offence punishable under Sections 406, 420, 465, 468, 471 of the Indian Penal Code.

3.

During the argument learned counsel for first informant and learned counsel for the present petitioner-accused submitted that parties have settle the dispute, they are present in the Court and they have filed their affidavits to show that they have settle the dispute and they have prayed for giving relief.

4.

Heard the learned A.P.P 5.

In the FIR there is some grievance about the quality of raw material supplied by the company of the accused to the company of first informant. It appears that supplier company-accused had also filed proceeding under Section 138 of the Negotiable Instrument Act as the cheque had bounced. In view of settlement, this Court holds that relief needs to be granted. In the result, following order :-

ORDER

(I) Application is allowed.

(II) Relief is granted to her in terms of prayer clause (B). Rule made absolute in the aforesaid terms.

[MAGESH S. PATIL ] [T.V. NALAWADE] JUDGE JUDGE YSK/