LAWS(BOM)-2023-7-430

AMBIKA ELECTROVISION Vs. RAHUL FURNITURE

Decided On July 31, 2023
Ambika Electrovision Appellant
V/S
Rahul Furniture Respondents

JUDGEMENT

(1.) The Revision Applicant was the original Accused in S.T.C. No.206 of 2013 before the Judicial Magistrate First Class, Vadgaon Maval, district Pune. The learned trial Judge convicted the Applicant for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act 1881 (for short " N.I. Act "). He was directed to pay cheque amount and compensation of Rs.18.00lakhs to the Complainant as per Sec. 357 (3) of Criminal Procedure Code and in default he was directed to suffer simple imprisonment for one month. The Applicant challenged the said order before the Court of Sessions at Pune, vide Criminal Appeal No.367 of 2018. That Appeal was dismissed by the Additional Sessions Judge, Pune vide his order dtd. 8/2/2022.

(2.) Heard learned Counsel for the Applicant as well as Respondent No.1 (the original Complainant). Both the learned Counsel submitted that the matter is finally settled between the parties and both of them consented for compounding of the offence. The Petitioner as well as the Respondent No.1 have filed their separate affidavits, they are taken on record.

(3.) The Applicant- Kunal Mali and the Respondent No.1- Anand Kumar Jain are present in the Court. They are identified by their respective Counsel.