Laxmi Urban Co-Operative Credit Society Ltd, Ahmednagar v. Dattatraya Baliram Bongane

Cri.Al.759.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 759 OF 2014 Laxmi Urban Co-operative Credit Society Ltd. Ahmednagar, Through its representative Shri Bhaskar Madhusudan Phadke Age 41 years, Occu. Service, r/o G-5, Shaha Apartment Near Ajinkya Medical, Burudgaon Road, Ahmednagar ...Appellant versus Dattatraya Baliram Bongane Age 34 yrs. Occ. Business, r/o Bongane Tailors Datta Chowk, Bhausannagar, Shivajinagar, Kedgaon, Tq. And District Ahmednagar.

...Respondent

.....

Mr. D.R. Markad, Advocate for Appellant .....

CORAM : A.I.S. CHEEMA, J.

DATED : 13th JANUARY, 2015 Order :- 1.

This appeal was admitted on 28th November, 2014. While admitting this appeal, this court has directed action under section 390 of the Code of Criminal Procedure.

2.

Mr. Markad, learned counsel for appellant tendered withdrawal pursis dated 13-01-2015 and submits that appellant-original complainant and the respondent - original accused have amicably settled their dispute out of the court. Withdrawal pursis dated 13-01-2015 is taken on record and marked as Exhibit-X for identification.

Cri.Al.759.14

3. In view of aforesaid, learned counsel for appellant, on instructions, seeks leave to withdraw the appeal. Leave granted.

4. Learned counsel for the appellant undertakes that he will ensure that the copy of this order reaches trial court immediately. 5.

For the reasons stated above, present appeal, which was admitted, stands disposed of as withdrawn. Judgment of the trial court acquitting the accused is maintained.

6.

Order dated 28th November, 2014 directing action under section 390 of the Code of Criminal Procedure is recalled. 7.

The copy of this order be handed over to the advocate for appellant for communicating the decision to the trial court and Registry to send another copy of this order to the trial court as expeditiously as possibly for necessary action.

Sd/- ( A.I.S. CHEEMA, J. ) MTK