Jugalkishore Navalkishore Kothari v. The Washim Urban Co-Ope. Bank Ltd. Old Cloth Market Branch Akola Tq. And Dist.Akola And Another

2025:BHC-NAG:9674 1 53.rev.278.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO. 278 OF 2022 Jugalkishore Navalkishore Kothari Vs.

The Washim Urban Co-operative Bank Ltd. and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. g. Sarada, Advocate for the Applicant. Mr. N. R. Tekade, Advocate for Non-applicant No.1. Mr. A. J. Gohokar, A.P.P. for Non-applicant/State. CORAM : MRS. VRUSHALI V. JOSHI,J.

DATED : 23/09/2025.

.

By order dated 21.12.2015 passed by the 5th Judicial Magistrate First Class, Akola, The applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple imprisonment for a period of one month and to pay a fine of Rs.21,20,000/-. The said order was confirmed by the Sessions Judge, Akola on 28.11.2022. The applicant is challenging the said order before this Court.

2.

During the pendency of the Criminal Revision Application, the matter is settled between the parties. The applicant has deposited the amount in this Court as well as in Sessions Court and on 16.09.2025, the remaining amount of Rs.7,20,000/- was deposited in the bank account.

3.

As the matter is settled and the applicant has deposited the amount, the order dated 28.11.2022 passed by the Sessions Court, Akola in Criminal Appeal No.05/2016 and the order dated 21.12.2015 passed by the

2 53.rev.278.22 5th Judicial Magistrate, First Class, Akola in Sum. Criminal Case No.5440/2006 are hereby set aside. Consequently, the applicant is hereby acquitted.

4.

The non-applicant is permitted to withdraw the amount deposited by the applicant in this Court as well as in the Sessions Court.

5.

The application stands disposed of.

6.

Pending application(s), if any, stand(s) disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule