CRIMINAL REVISION APPLICATION NO.48 OF 20 22 v. State of Maharashtra & Anr.
Case at a glance
Outcome
Allowed
application is allowed in terms of the compromise
Provisions considered
Key paragraphs
- Para 22. In view of the settlement between the parties, the revision application is allowed in terms of the compromise. The conviction of the Applicant for offence punishable under Section 138 N.I. Act is hereby set aside. He stands acquitted of the offence. The amount in…
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.48 OF 20 22 Nimba Kashinath Kothawade v/s. State of Maharashtra & Anr. .. .. Applicant Respondents Mr. Gaurav Pandey, i/b. Mr. Ranjit G. Jadhav, for the Applicant. …. Mr. M.G. Patil, APP, for Respondent State. Mr. Abhishek D. N., for Respondent No.2. …. CORAM: R.G. AVACHAT, J. DATE : 27 JANUARY 2023. P.C:- The matter is arising out of conviction under Section 138 of the N.I. Act. The order dated 17 January 2022 indicates that the parties were ready to settle the matter. The Applicant/convict was willing to deposit a sum of Rs.2,00,000/- (cheque amount) within period of one month. It is now informed that the amount of Rs.2,00,000/- has been deposited. Both the complainant and the accused/convict are present before the Court. They have placed on record consent terms. The same are marked “X”, for identification. A sum of Rs.4,00,000/- (cheque amount) has been deposited with trial 1 of 2 6 .revn48-22.doc court and appellate court as well. As per the terms of the compromise, the said amount is to be withdrawn by the complainant.
#2. In view of the settlement between the parties, the revision application is allowed in terms of the compromise. The conviction of the Applicant for offence punishable under Section 138 N.I. Act is hereby set aside. He stands acquitted of the offence. The amount in deposit with the trial court and the appellate court as well be immediately paid to the complainant with interest accrued thereon. (R.G. AVACHAT, J.) 2 of 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is allowed in terms of the compromise
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138.
Which court decided this case, and when?
Bombay High Court, on 27 Jan 2023. The bench was R G AVACHAT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.