Dyaneshwar Madhukar Bhosikar v. Sandip Premchandji Chhajed And Another

revn19.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION (REVN) NO.19 OF 2018 (Dnyaneshwar Madhukar Bhosikar Vs. Sandip Premchandji Chhajed and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.B. Bargat, Advocate for Applicant.

Shri C.A. Lokhande, APP for Non-Applicant No.2/State. CORAM: ROHIT B. DEO, J.

DATE: 31 st JULY, 2018.

Shri Bargat, learned Counsel for the applicant and Shri C.A. Lokhande, the learned A.P.P. for State. None appears on behalf of the non-applicant 1 although he is duly served.

2] In view of the submission of the learned counsel for the applicant that he is ready to suitably compensate the accused, this Court passed the following order on 12.06.2018:

Heard.

Submission of the learned counsel for the applicant is that he is ready to adequately compensate the accused and that the Revision Application can be disposed of in consonance with the decision of the Apex Court in M/s. Meters and Instruments Private Limited & Anr. vs. Kanchan Mehta, 2017 ALL SCR (Cri) 1875.

There is no appearance on behalf of non-applicant 1 although he is duly served.

revn19.18.O.odt 2 The learned counsel for the applicant and Shri Lokhande, the learned APP to assist the court by determining the amount which would be an adequate compensation, list on 19.6.2018.

3] Both the learned counsel for the applicant and the learned A.P.P. Shri Lokhande agree that if a further amount of Rs.24,000/- is paid to the complainant he shall be adequately compensated.

4] The amount of the disputed cheque is Rs.35,000/-. The cheque amount is already deposited in the trial court and is withdrawn by the original complainant - non-applicant 1. The learned A.P.P. Shri Lokhande states that an amount of Rs.14,000/- is the reasonable interest and Rs.10,000/- the amount of costs.

5] Since both the learned counsel have after due application of mind calculated the amount of interest and costs, the same is accepted. The applicant to deposit the said amount in this court within 15 days. Subject to such deposit the sentence of imprisonment is set aside. 6] The revision is disposed of in the aforestated terms.

JUDGE NSN