2.cri.revn.172.2005.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.172 OF 2005 Prasad Kamalkant Kajbaje … Applicant Versus The State of Maharashtra & anr. … Respondents *** Mr. Digvijay S. Kachare a/w Mr. Anay Joshi i/b. Mr. Kuldeep S. Patil for the Applicant. Mr. Rushikesh S. Salunkhe i/b. Mr. Pratap Patil for Respondent No.2 Ms. R. S. Tendulkar, APP for Respondent-State. *** CORAM : M.M. SATHAYE, J. DATE : 28 AUGUST, 2026 P.C. : 1. The Applicant is the original complainant in a case arising out of Section 138 of Negotiable Instrument Act, 1881. 2. The concerned Magistrate convicted the Applicant by order dated 23.10.2002 sentencing him to suffer simple imprisonment of 15 days with compensation of Rs.25000/- to be paid to the Complainant. Criminal Appeal No.43 of 2003 filed by the Applicant was dismissed by the impugned order dated 26.04.2005 by the concerned Sessions Judge. 3. Learned Counsel for Respondent No.2 / original complainant has tendered an affidavit dated 02.05.2026 sworn by Respondent No.2, which is taken on record and marked ‘X’ for identification. Vina Khadpe 1 VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2026.08.28 19:10:20 +0530 2.cri.revn.172.2005.doc 4. Respondent No.2 has stated in the said affidavit that during pendency of the Revision Application, the parties have amicably settled the dispute and he has received the amount of cheque (Rs.25,000/-) from the Applicant and he does not wish to take any further steps and has no objection if the judgment/order of the Trial Court and Appellate Court are set aside. 5. Learned counsel for Respondent No.2 states that Respondent No.2 has sworn the said affidavit in the concerned criminal Court at Murud. He therefore submits to appropriate order of the Court. 6. In view of the above, Criminal Revision Application is allowed. Impugned order dated 26.04.2005 passed by Addl. Sessions Judge, Raigad-Alibag is quashed and set aside. Crim. Appeal No. 43 of 2002 is allowed thereby setting aside Order of conviction dated 23.10.2002 passed by Judicial Magistrate, First Class, Murud-Raigad in S.C.C. No.130/2000. The Applicant is acquitted of offence under section 138 of Negotiable Instruments Act. His bail bond is cancelled and surety, if any, stands discharged. 7. Considering the petty amount involved and since the parties have settled the matter amicably, penalty is not charged. 8. In view of above, the Applicant is at liberty to withdraw the amount deposited by him in this Court, along with accrued interest, if any. (M.M. SATHAYE, J.) Vina Khadpe 2