In a criminal revision application concerning a cheque dishonour conviction, the High Court of Bombay disposed of the petition on account of an amicable settlement reached between the parties, setting aside the sentence below.
Revision application disposed of on terms of settlement; order of sentence set aside.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 205 OF 2000
Shankar Appa Barkol ... Applicant
versus
The State of Maharashtra & anr. ... Respondents
Mrs. S.R. Moghe i/by Mehta & Girdharlal, for the
Applicant.
Mr. K.V. Saste, A.P.P., for Respondent No. 1.
Mr. V.J. Brahmbhatt, for Respondent No. 2.
CORAM : A.M.KHANWILKAR,J.
21st December 2004
P.C.:
. Heard Counsel for the parties. Rule.
Rule made returnable forthwith by consent. Mr.
Saste, A.P.P., waives notice for Respondent No.
1. Mr. Brahmbhatt waives notice for Respondent
No. 2. As short question is involved, petition
taken up for final disposal forthwith by consent.
. Respondent No. 2 had filed complaint
against the Petitioner for offence punishable
under section 138 of the Negotiable Instruments
Act. The complaint was tried which ended in
finding of conviction and sentence has been
imposed requiring the Petitioner to pay fine of
Rs. 12,00,000/- (Rupees Twelve lakhs only), in
default to suffer simple imprisonment for one
year. The Petitioner carried the matter in
appeal. The appeal was, however, rejected. Now,
during the pendency of the present revision
application, parties have arrived at amicable
settlement. Terms of settlement have been duly
signed by the parties and their Advocates.
Minutes of consent terms dated 8th December 2004
are tendered. Taken on record. In view of the
abovesaid development and in the interest of
justice, the appropriate course, to my mind, is
to dispose of the present revision application on
the basis of settlement arrived at between the
parties, while setting aside the order of
sentence imposed by the Court below. The
Petitioner has agreed to pay the amount to the
contesting Respondent as referred to in the
Minutes of consent terms. Counsel for Respondent
No. 2 submits that the petition can be disposed
of on the above terms and the Respondent No. 2
has no objection for that order. Accordingly,
revision application disposed of on the above
terms. Undertaking given by the parties in the
consent terms accepted.
. Certified copy expedited.
(A.M.KHANWILKAR,J.)
Shankar Appa Barkol
The State of Maharashtra
A.M.Khanwilkar, J.
As recorded by the court registry
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