Bombay High CourtCRIR/18/2015disposed of

Mr. Sandeep Rambhav Naik, In Judicial Custody Through His Friend Mr. Venkatesh M.S. Usgaonkar. v. Mr. Ashirwad S. Bhomkar And ANR.,

2015-04-29Hon'Ble Shri Justice K. L. Wadane3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 18 OF 2015 MR. SANDEEP RAMBHAV NAIK, IN JUDICIAL CUSTODY THROUGH HIS FRIEND MR. VENKATESH M.S.

USGAONKAR.

... Petitioner

Versus

MR. ASHIRWAD S. BHOMKAR AND ANR., ... Respondents *** Mr. Ryan Menezes, Advocate for the Petitioner. Mr. Somnath Karpe, Advocate for the Respondent No. 1. CORAM:- K.L. WADANE, J.

DATE:- 29 th APRIL, 2015 P.C:

Heard Mr. Menezes, learned Counsel for the petitioner and Mr. Karpe, learned Counsel for the respondent no. 1. 2.

The parties to litigation have arrived to settlement and have placed compromise terms on record. The compromise terms are taken on record and marked "X" for identification. The parties are present before this Court.

The matter is settled between the parties and therefore, in the circumstances the following order is passed: (a) The criminal revision application is allowed. (b) The parties are permitted to compound the offence.

(c) In view of the no objection given by the petitioner, the amount of Rs.2,00,000/- alongwith accrued interest, if any, deposited by the petitioner with the Registry of this Court be released forthwith and paid to the respondent no. 1.

(d) In view of the no objection given by the respondent no. 1, the amount of Rs.37,500/- alongwith accrued interest, if any, deposited by the Additional Sessions Judge, Panaji sitting at Ponda in Criminal Appeal No. 17 of 2014 be released forthwith and paid to the petitioner. (e) The offence under Section 138 of the Negotiable Instruments Act, for which the petitioner was tried and convicted is compounded.

(f) The judgment and orders dated 05.02.2014 and 10.02.2014 passed by the learned Judicial Magistrate First Class, Ponda in Criminal Case No. 924/NIA/2008/A and judgment and order dated 16.02.2015 passed by the learned Additional Sessions Judge, Panaji, sitting at Ponda in Criminal Appeal No. 17 of 2014 are quashed and set aside.

(g) The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

(h) The bail bonds of the petitioner stand cancelled.

The criminal revision application is disposed of in the aforesaid terms.

K.L. WADANE, J.