Damodar S/O Dattopant Kulkarni v. The State Of Maharashtra And ANR
1 Cr.Apln. 6810.2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 913 CRIM. APPLICATION NO. 6810 OF 2016 IN REVN/261/2016 WITH REVN/261/2016 WITH APPLN/6554/2016 IN REVN/261/2016 DAMODAR S/O DATTOPANT KULKARNI
VERSUS
THE STATE OF MAHARASHTRA AND ANR .............................
Mr. S.G.Kawade, Advocate for Applicant.
Mr. K.S.Hoke Patil, A.P.P. for R -1 - State.
..............................
CORAM : Z.A.HAQ, J.
DATE : 20th DECEMBER, 2016 .............................
ORAL ORDER :
01.
Heard Mr. S.G.Kawade, learned Advocate for the applicant and Mr. K.S.Hoke Patil, learned A.P.P. for non-applicant No. 1 - State.
2 Cr.Apln. 6810.2016 02.
The learned Advocate for the applicant states that there is compromise between the parties and amount of Rs. 7,50,000/- is paid to the nonapplicant No. 2 [complainant]. The learned Advocate for non-applicant No. 2 does not dispute this fact. 03.
As per the impugned Judgment, the applicant was directed to pay the amount of fine of Rs. 6 Lakh as compensation, out of which Rs. 5 Lakh was to be given to the complainant. Thus, according to the impugned Judgment, Rs. 1 Lakh was required to be deposited before the trial Magistrate. The applicant has filed an affidavit sworn on 20/12/2016 and along with it Demand Draft dated 13/12/2016 and copy of relevant extract of local dispatch book of the trial Court are filed and it is submitted that the amount of Rs. 1 Lakh is deposited before the trial Court.
04.
Considering the above facts, the impugned Judgment convicting the applicant for the offence punishable u/s 138 of the Negotiable Instruments Act
3 Cr.Apln. 6810.2016 is quashed. The impugned Judgment is set aside. 05.
The applicant is acquitted of the offence punishable u/s 138 of the Negotiable Instruments Act. 06.
The Criminal Revision Application is disposed of in the above terms.
07.
In the circumstances, the parties to bear their own costs.
[Z.A.HAQ, J.] KNP/Cr.Apln. 6810.2016