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Bombay High CourtAPPR/4/2022allowed

Smt Varsha Damodhar Manapure v. Shri Rajesh Namdeorao Kayarkar

2022-03-09Hon'Ble Shri Justice Avinash G. Gharote2 pages

0903 REVN 198 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO.4/2022 AND CRIMINAL REVISION APPLICATION NO.198/2019 Smt. Varsha Damodhar Manapure ...Versus...

Shri Rajesh Namdeorao Kayarkar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.O. Ahmed, Advocate for applicant Shri R.J. Kankale, Advocate for respondent no.1 Shri H.D. Dubey, APP for respondent no.2 CORAM : AVINASH G. GHAROTE, J.

DATE : 09/03/2022 1.

Criminal Application (APPR) No.4/2022 has been filed by the applicant - Smt. Varsha Manapure under Section 147 of the Negotiable Instruments Act, 1881, for compounding the offence, after conviction.

2.

The parties have entered into a settlement before the learned Mediator, which is duly signed by the parties and their respective Counsels, which is placed on record. The parties are present in the Court and admit to the settlement, considering which, in view of the provisions of Section 147 of the Negotiable Instruments Act, which makes the offence

0903 REVN 198 of 2019.odt compoundable, the settlement is accepted and the judgment of the learned Judicial Magistrate First Class, Bramhapuri dated 06/12/2014, convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and so also its confirmation by the learned Sessions Judge, Chandrapur by the judgment dated 18/07/2019, are hereby quashed and set aside. The amount deposited in this Court by the applicant, in pursuance to the order dated 28/8/2019, with accrued interest, if any, is permitted to be withdrawn by the respondent no.1.

3.

The criminal application is allowed and disposed of in terms of the settlement. The criminal revision application also stands disposed of accordingly. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR