Zafar Ahmed Abdul Jamil Shaikh v. Sanjit Pite Ajit Roy

(1) 33.apl.1347.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1347 OF 2021 Zafar Ahmed Abdul Jamil Shaikh Vs.

Sanjit Pite Ajit Roy -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for applicant.

Mr. R. R. Dawda, Advocate for respondent.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 13/01/2022 In this matter, without going into the merits, a joint pursis has been filed by the parties for compounding of the case pending before the learned Judicial Magistrate First Class, Bhadrawati on the terms which are as under:- "1. That the accused has already deposited Rs.13,33,333/- with Learned JMFC, Bhadrawati. Accused has no objection for withdrawal of the said amount by the complainant along with accrued interest on it if any.

2.

Accused submits that he will pay interest @ 12% p.a. from the date of dishonor of the cheque till the deposit of the amount as per the dates of deposit of amount before the Learned JMFC, Bhadrawati and complainant has agreed to the same. Accused will deposit the interest amount on or before 4 months from date of pursis i.e. till 14.5.2022 and the complainant also agrees to the same.

3.

On above terms both the complainant and the accused have agreed to compound the Criminal

(2) 33.apl.1347.2021 Complaint as provided u/s 147 of Negotiable Instruments Act."

2.

The parties are present before this Court and have agreed to their signatures on the joint pursis, which is also singed by the respective counsels, considering which, SCC No.59 of 2018 is permitted to be compounded on the terms, as contained in the pursis dated 13.01.2022, which is taken on record and marked as "X" for identification in the matter, in exercise of the power under Section 147 of the Negotiable Instruments Act.

3.

The Criminal Application is therefore, disposed of, as having been compounded, in terms of the statements made in the pursis.

JUDGE Sarkate SARKATE 17:42