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Bombay High CourtAPPA/972/2018disposed off

Swarupa W/O. Avinash Naik Prop. Manorama Engineers v. Sandeep S/O. Sharad Upgade Prop. Vinci Enterprises

2019-12-03Hon'Ble Shri Justice V.M. Deshpande2 pages

appa972.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.972 OF 2018 Swarupa w/o Avinash Naik .Vs. Sandeep s/o Sharad Upgade _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. G.N. Khanzode, Advocate for applicant.

Mr. C.N. Deshpande, Advocate for non applicant. CORAM : V. M. DESHPANDE, J.

DATED : DECEMBER 03, 2019 This is an application for seeking leave to file appeal against acquittal. The application is moved by complainant since applicant was aggrieved by judgment of acquittal passed by learned 20th Judicial Magistrate First Class, Nagpur in Summary Criminal Case No.17533/2015 for the offence punishable under Section 138 of the Negotiable Instruments Act.

During pendency of this application, vide order dated 05.07.2019, the matter was referred for mediation and accordingly the applicant/complainant and the non applicant/accused appeared before the learned Mediator. The Co-ordinator of Mediation Centre, High Court, Nagpur has submitted report on 23.07.2019 intimating to this Court that mediation is successful. Along with report, there is an agreement entered into between the parties in presence of the learned Mediator. The same is signed by learned Mediator as well as the respective parties.

appa972.18.odt Mr. Khanzode, learned counsel for the applicant, submits that as per the settlement applicant/complainant received the entire amount from the non applicant/accused. Therefore, he wishes to withdraw the present application. The application is disposed of as withdrawn.

Consequently, the appeal also stands disposed of. JUDGE srwagh