High Court allowed a criminal revision application where parties settled a cheque-related dispute. The court quashed the conviction orders, treating the offence as compoundable under settlement terms.
Revision application allowed; impugned orders of Sessions and Magistrate Courts quashed; applicant to pay costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24.revn.353.17.doc
sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.353 OF 2017
WITH
CRIMINAL APPLICATION NO.326 OF 2017
Nana Ramchandra Patil … Applicant vs. Ashok Narayan Tawre & Anr. … Respondents
Ms. Meghna Ashok Gowalani for the Applicant. Mr. Shirodkar Ateet for Respondent no.1. Ms. N.S. Jain, APP, for the Respondent-State.
CORAM : A.K. MENON, J. DATE : 13 th JULY, 2017
P.C.
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24.revn.353.17.doc
and their Advocates. Their signatures have been identified by their Advocates. The Consent terms are taken on record and marked as 'X' for identification. The consent terms provide for payment of a sum of Rs.60,000/- in full and final settlement and has already paid over by Demand Draft. In the circumstances, the offence being compoundable and the parties having arrived at a settlement , I pass the following order:-
(i) The revision application is allowed in terms of the consent terms.
(ii) The order of the Sessions Court dated 30th May, 2017 and the order of Metropolitan Magistrate Court dated 6th March, 2009 are quashed and set aside.
(iii) The applicant shall pay costs of Rs.2000/- to the Maharashtra State Legal Services Authority within one week from the date this order is uploaded. If costs are not paid the impugned order will revive without further orders of this Court.
(iv) Stand over to 20th July, 2017 for compliance.
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Nana Ramchandra Patil
Ashok Narayan Tawre
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
