Research › Search › Judgment

Bombay High Court · body

2020 DAILYLAW 1744 (BOM)

INDIA STEEL TRADERS THROUGH ITS PROPRIETOR, ABDULLA RAHIM HUSSAINSAB SHAIKH v. MSM STEELS PVT. LTD. THROUGH MANAGING DIRECTOR, NACHIKET S/O KAMLAKAR BHALE

REVN/88/2020 · 2026-08-24

body2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

88.20revn (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 57 CRIMINAL REVISION APPLICATION NO. 88 OF 2020 INDIA STEEL TRADERS, THROUGH ITS PROPRIETOR, ABDULLA RAHIM HUSSAINSAB SHAIKH VERSUS MSM STEELS PVT. LTD., THROUGH MANAGING DIRECTOR, NACHIKET S/O KAMLAKAR BHALE ….. Mr Sachin S. Panale, Advocate for Applicant Mr Pravin G. Patil, Advocate for Respondent ….. CORAM : SUSHIL M. GHODESWAR, J. DATE : 24th AUGUST, 2026 P. C. : 1. This is a revision application arising out of the impugned order dated 13/07/2020, passed in Criminal Appeal No.70/2019 wherein the learned Sessions Judge, Latur confirmed the judgment and order dated 11/11/2019, passed by the learned Judicial Magistrate First Class, Latur in SCC No.2237/2013, thereby convicting the applicant under Section 138 of the Negotiable Instruments Act, 1981 and sentencing him to suffer rigorous imprisonment of one year and to pay compensation of Rs.40,00,000/- within a period of two months. 2. Heard learned Advocates for the respective parties. 2026:BHC-AUG:38641 88.20revn (2) 3. This Court on 21/07/2020 issued notice to respondent. It has been pointed out to this Court that substantive sentence of the applicant was suspended vide order of this Court dated 27/08/2020 and during the pendency of this matter, the parties have settled the matter amicably. It is also informed that they have also executed the deed of compromise which is placed on record. By virtue of the said compromise deed, both the learned Advocates submit that this matter has ben settled in between the parties, and therefore, nothing survives in the matter. The said compromise deed is marked as ‘X for identification. In pursuance to aforesaid compromise, nothing survives in this revision application. 4. In pursuance of the aforesaid compromise deed ‘X’, the impugned judgment and order dated 13/07/2020, passed in Criminal Appeal No.70/2019 by the learned Sessions Judge, Latur, thereby confirming the judgment and order dated 11/11/2019, passed by the learned Judicial Magistrate First Class, Latur in SCC No.2237/2013, convicting the applicant under Section 138 of the Negotiable Instruments Act, is hereby quashed and set aside. 5. At this state, Mr Panale, leaned Advocate for the applicant submits that, while securing suspension order the applicant had 88.20revn (3) deposited Rs.1,00,000/- before the First Appellate Court on 17/12/2019. He prays that the same may be permitted to be refunded to the applicant in view of the compromise terms agreed in the compromise deed at Clause No.4[III] thereof. 6. Hence, the applicant is permitted to withdraw said Rs.1,00,000/- deposited before the First Appellate Court. 7. This revision application is disposed of in above terms. [SUSHIL M. GHODESWAR, J.] sjk