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Bombay High CourtCRIR/31/2022allowed

Sohanlal Ghanchi v. Raju Vasudev Nipanikar And ANR

2023-03-20Hon'Ble Shri Justice M. S. Karnik2 pages

20-CRIR-31-2022.DOC Vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO.31 OF 2022 SOHANLAL GHANCHI VS RAJU VASUDEV NIPANIKAR AND ANR.

... Applicant.

...Respondents.

Mr. S. Sardessai, Advocate for the Applicant. Respondent no.1/Complainant present in person. Mr. G.Nagvenkar, Addl. Public Prosecutor for Respondent no.2.

CORAM:

M. S. KARNIK, J DATED:

20th MARCH 2023 P.C.

1.

By the present revision, the applicant challenges the judgment and order dated 6.5.2022 passed by the learned Additional Sessions Judge, Mapusa in Criminal Appeal No.28 of 2019, thereby confirming the judgment of the trial Court sentencing the applicant to undergo imprisonment for a period of five months and pay compensation of Rs. 2,00,000/- to the complainant and in default to undergo further imprisonment for a period of five months. The matter is under the provisions of Section 138 of the Negotiable Instruments Act.

2.

The complainant is personally present in the Court. He submits that the matter has been settled between the parties and the entire amount of compensation is paid. The complainant is satisfied with the compensation amount received by him. He further submits that 20th March 2023

20-CRIR-31-2022.DOC he has no objection if the impugned judgment and orders are set aside and appropriate orders passed in this revision. 3.

Considering that the complainant does not wish to proceed any further and as the entire amount of compensation as awarded by the trial Court has been paid and as the complainant submits that the matter has been amicably settled between the applicant and the complainant, no purpose will be served by keeping this revision pending for hearing the same on merits.

4.

The revision is allowed in terms of prayer clause (a). 5.

The applicant is acquitted of the offence charged. 6.

The applicant be released forthwith. Bail bond, if any, shall stand cancelled. Surety amount may be released as per the procedure. 7.

The Criminal Revision Application is disposed of. M. S. KARNIK J.

Date: 2023.03.21 10:56:40 +05'30'

VINITA VIKAS NAIK 20th March 2023