Shri Vithal Alias Sameer Kamat, Presently In Judicial Custody Sub Jail, Sada Vasco, Goa. v. The Pirna Urban Co-Operative Society Limited, Through Its General Manager Mr.Amit Parulekar And ANR

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 34 OF 2015 SHRI VITHAL ALIAS SAMEER KAMAT, PRESENTLY IN JUDICIAL CUSTODY SUB JAIL, SADA VASCO, GOA.

... Petitioner

Versus

THE PIRNA URBAN CO-OPERATIVE SOCIETY LIMITED, THROUGH ITS GENERAL MANAGER MR.AMIT PARULEKAR AND ANR.

... Respondent Ms. V. Shetye holding for Mr. Rohan Pandurang Desai, Advocate for the petitioner.

Ms. T. Vernekar, Advocate for respondent no.1. Coram:- K. L. WADANE, J.

Date:- 28th September, 2015 P.C.

The petitioner and the authorised officer of the respondent have filed the consent terms which are signed by both the parties and identified by their respective Advocates. The officer of the respondent namely Mr. Balkrishna Raut is present in person. The sister of the petitioner/accused present in person.

The petitioner/accused is absent as N.B.W. has been issued against him. The authorised officer of the respondent has accepted the terms and conditions of the consent terms. The said consent terms are taken on record and marked as "X" for identification. From the consent terms, it appears that the respondent had received the entire amount of Rs.60,000/- which was the subject matter of the cheque which was

CRIR/34/2015 dishonourned. The parties have amicably settled their dispute. Hence, the Judgment and order dated 26.03.2015 passed by the learned Additional Sessions Judge, Mapusa, in Criminal Appeal No. 169/2010 and the Judgment of the Judicial Magistrate First Class, Bicholim, dated 14.10.2010 in Criminal Case No.

547/OA/138/2008/C are set aside. The petitioner/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. The Criminal Revision Application stands disposed of accordingly.

K. L. WADANE, J.

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