Bhimraj Sheshmal Bhansali Vs Nandkishore @ Nandram Satvaji Shame

Mr. Nilesh N. Bhagwat, Advocate for Applicant-accused. Mr. S.M.Agrawal and Mr. P.F. Patne, Advocates for Respondent No.1-Complainant Mr. C.V. Bhadane, APP for Respondent No.2 – State

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CORAM : ABHAY S. WAGHWASE, J. DATED : 13 MARCH 2025

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PER COURT :-

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In these revisions, exception has been taken to the

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judgment and orders dated 23.10.2024 passed by learned Additional Sessions Judge, Court No.7, Auranagabad in Criminal Appeal Nos. 117 of 2023 and 118 of 2023, arising out of the judgment and orders dated 25.05.2023 passed by learned Chief

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Judicial Magistrate, Court No.14, Aurangabad in S.C.C. Nos. 3828 of 2022 and 3829 of 2022, respectively, recording guilt of the revisionist for offence under Section 138 of the Negotiable Instruments Act, 1881.

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Last time, submission was made that matter is likely to be settled. Learned counsel for respondent-original complainant had pointed out that amount of Rs.4,45,000/- if paid, then he has no objection to compounding the offence.

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Today, learned counsel for revisionist his clients is present today and submitted that, above amount would be transferred online, today itself. Therefore, considering such submission, matter was kept back.

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In the afternoon sessions, both the learned counsel along with their respective clients are present in the Court, and they have made a statement across the bar that amount of Rs.4,45,000/- has been transferred and the original complainant has received the said amount. They submit that matter is amicably settled and respondent has no grievance. Copies of the transfer of the amount by the applicant-accused, and a copy of the message confirming receipt of the amount, have also been placed on record.

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In view of the above, the criminal revision applications are required to be disposed of as settled. Hence, the following order :

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ORDER

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(i) Leave to compound the offence is granted.

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(ii) In view of settlement, the conviction of the revisionist for offence under Section 138 of the Negotiable Instruments Act, 1881, and the sentence imposed upon him vide orders dated 25.05.2023 passed by learned J.M.F.C., Court No.14, Auranabad in S.C.C. No.3828 of 2022 and S.C.C. 3829 of 2022, and as confirmed by the learned Additional Sessions Judge, Court No.7, Aurangabad in Criminal Appeal No. 117 of 2023 and Criminal Appeal No.118 of 2023 by judgment and orders dated 23.10.2024, respectively, are set aside.

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(iii) In both the cases, the applicant stands acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881. His bail bonds are discharged.

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