M/S. Prasanna Developers Pvt. Ltd. Thr. Its Director Petitioner No. 2 And ANR., v. Mr. Shamba N. Shetgaonkar And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 20 OF 2016 M/S. PRASANNA DEVELOPERS PVT. LTD.

THR. ITS DIRECTOR PETITIONER NO. 2 AND ANR., ... Petitioners

Versus

MR. SHAMBA N. SHETGAONKAR AND ANR., ... Respondents Shri Ryan Da Piedade Menezes, Advocate for the applicants. Shri. Amey Phadte, Advocate for the respondent no.1. None for the respondent no.2.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 7th April, 2017 P.C.

Heard the learned Advocates appearing for the parties.

2. Consent terms filed, which are taken on record and marked "X" for identification and accepted. Respondent no.1 is present in the Court and represented by Advocate Phadte, who has confirmed and accepted the consent terms. In view thereof, the judgment and order dated 15/12/2014 and 18.12.2014 passed by the learned JMFC Mapusa in the Criminal Case No.592/NIA/2009/C and the judgment and order dated 11.3.2016 passed by the Additional Sessions Judge, North Goa at Panaji Goa are hereby quashed and set aside and the applicant/ petitioner is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. He shall, however,

CRIR/20/2016 deposit 15% of the cheque amount. Shri Ryan Menezes, learned Advocate submits that he can make a deposit of Rs.1,50,000/- today and seeks time to make the balance deposit within six weeks from today.

3. The applicant no.2 who is undergoing sentence in custody shall be set at liberty, if not required in any other case. Registry to issue the release order accordingly, which shall be permitted to be served by Hamdast. Hamdast granted.

NUTAN D. SARDESSAI, J.

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