Shaikh Mohamad Rafic., v. Ripu Daman Pandey @ R. D. Pandey.,
07-CRIR-45-2019.DOC Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO. 45 OF 2019 Shaikh Mohamad Rafic ...Applicant
Versus
Ripu Daman Pandey @ R. D. Pandey
...Respondent
Mr. Jatin Ramaiya, Advocate for the Applicant. Mr. Ivan Santimano, Advocate for the Respondent.
CORAM:
MANISH PITALE, J DATED:
20th October 2021
ORDER
1.
Heard Mr. Ramaiya, learned Counsel appearing for the Applicant and Mr. Santimano, learned Counsel appearing for the Respondent.
2.
This application arises out of complaint filed by the Respondent under Section 138 of the Negotiable Instruments Act, 1881.
3.
During the pendency of the present application, the parties appear to have entered into a settlement in pursuance of which, today, an application for compounding the offence is jointly submitted by the parties.
4.
The learned Counsel appearing for the parties have invited attention of this Court to the contents of the application wherein, the Applicant has stated that he has no objection to the Respondent withdrawing the amounts deposited before the 20th October 2021
07-CRIR-45-2019.DOC learned Sessions Court and this Court, during the pendency of the proceedings. The Respondent has agreed to compounding of the offence in view of the said amounts being released in his favour.
5.
Accordingly, the application for compounding of offence is allowed as it is supported by affidavits filed by the parties. Consequently, the order dated 10.11.2017 passed by the Court of Judicial Magistrate First Class, Quepem, is set aside. 6.
The Respondent is permitted to withdraw the amount of 37,500/- deposited in the Sessions Courts along with the ₹ interest accrued thereon. Similarly, the Respondent is also permitted to withdraw the amount of 72,500/- deposited in ₹ this Court along with accrued interest, if any. 7.
The Revision application stands disposed of.
MANISH PITALE, J.
PEREIRA Date: 2021.10.21 10:44:54 +05'30'
ANDREZA PEREIRA 20th October 2021