Rushipal S/O Tarachand Kawale v. Ashabai W/O Ashok Kurve And 2 Others

1 38 apeal 67.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 67/2014 (Rushipal S/o Tarachand Kawale Vs. Ashabai w/o Ashok Kurve) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S. Chavhan, Advocate (appointed) for appellant. Mr. Bhagwan M. Lonare, APP for respondent No.3. Respondent is present in person.

CORAM: M. M. NERLIKAR, J .

DATED : 18/12/2025.

Heard.

2.

In pursuance of bailable warrant issued by this Court vide order date 04.12.2025, the respondent is present in-person and he is ready to pay the amount of Rs.5900/-. The learned counsel appearing for appellant is ready to accept the offer given by the respondent. Therefore, she does not press the present appeal. Considering this fact, the respondent is ready to deposit Rs.5900/- today itself and counsel for the appellant is ready to accept the same.

3.

The present appeal is against the judgment and order dated 04.08.2011, wherein the accused was acquitted by the learned Adhoc Additional Sessions Judge, Gondia by setting aside the judgment of conviction passed by the learned 2nd Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Gondia. Considering the fact that the matter is settled between the parties and the

2 38 apeal 67.14 learned counsel appearing for the appellant does not press the appeal, I am of the considered view that the appeal deserves to be disposed of and accordingly disposed of. 4.

The respondent who is present in person, shall deposit the amount today itself in the Registry of this Court. It is submitted by the party in person that he has not brought the cheque, however he has brought the amount in cash. The Registry is directed to accept the said amount in cash. The Registry shall accept the amount today itself. It is further directed that the Registry shall allow the appellant to withdraw the same.

( M. M. NERLIKAR , J.) Gohane