Bombay High CourtREVN/496/2013others disposed off

Suresh Shivappa Arasgonda v. Trimurti Nagari Sahakari Path Sanstha Ltd And ANR

2015-02-03Hon'Ble Shri Justice M.L. Tahaliyani3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION rpa CRIMINAL REVISION APPLICATION NO.496 OF 2013 WITH CRIMINAL APPLICATION NO.349 OF 2014 Suresh Shivappa Arasgaonda .. Applicant Vs.

Trimurti Nagari Sahakari Path Sansth Ltd. & Anr.

.. Respondents ....

Mr.Manoj P. Patil, Advocate for the Applicant. Mr.V.V. Samlewale i/b. Mr.U.R. Mankapure, Advocate for Respondent No.1.

Mr.Ajay Patil, A.P.P. for Respondent No.2 - State. ....

CORAM : M. L. TAHALIYANI, J.

DATED : FEBRUARY 3, 2015.

P.C. :

Heard the learned counsel Mr.Patil for the applicant and the learned counsel Mr.Samlewale for the respondent no.1. Also heard learned Additional Public Prosecutor Mr.Patil for respondent no.2 - State of Maharashtra.

This revision application arises out of the order passed by the Additional Sessions Judge, Jaysinghpur in Criminal Appeal No.9 of 2011, confirming the order passed by the Judicial Magistrate 1/3

First Class, Jaysingpur. The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I.Act', for short). It is submitted by the learned counsel for the applicant that the applicant has paid Rs.75,000/- (Rupees Seventy Five Thousand) to the respondent no.1 out of Court. The applicant has also deposited Rs.1,00,000/- (Rupees One Lac) in this Court. It is submitted by the learned counsel that the dispute is amicably settled and the respondent no.1 wants to compound the offence.

In view of the submissions made by the learned counsel for the applicant it is ordered that the offence punishable with Section 138 of the Negotiable Instruments Act shall stand compounded. The applicant shall stand acquitted of the offence punishable under Section 138 of the N.I. Act. Bail bonds of the applicant shall stand cancelled. 2/3

The amount deposited by the applicant in this Court shall be paid to the respondent no.1 on proper identification. Criminal Revision 496 of 2013 and criminal application no.349 of 2014 are disposed of accordingly.

( JUDGE ) 3/3