AJIT ASHOK MANE AND ORS v. THE STATE OF MAHARASHTRA AND ANR
APL/1352/2026 · 2026-08-21
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DailyLaw.ai
[ 2026 DAILYLAW 1780 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1780 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
16. CRI APL-1352-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1352 OF 2026 Ajit Ashok Mane & Ors. .. Applicants Versus The State of Maharashtra & Anr. .. Respondents .................... Mr. Pankaj Waghela i/by Mr. B.L. Jagtap, Advocate for Applicants Mr. Parvez Menon a/w Mr. Mahesh Ahire, Mr. Kush Agarwal & Ms. Valentina Sampson i/by MZM Legal, Advocate for Respondent No. 2 Mr. S.A. Karmakar, APP for State Mr. Prashant Jadhav, PI, Unit II, EOW, Mumbai ...................
CORAM : MILIND N. JADHAV, J. DATE : AUGUST 21, 2026 P. C.
:
1. Heard Mr. Waghela, learned Advocate for Applicants; Mr. Menon, learned Advocate for Respondent No. 2 and Mr. Karmakar, learned APP for State. 2. Parties before me have reconciled their dispute essentially a private dispute with regard to fabrication and forgery of certain receipts qua goods which were not delivered and for which monies were received. The said amount was directed to be kept as security in the bank account maintained by the learned Advocate for the complainant by Court. They have received those monies and kept it in the bank account. 1 of 20
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3. Mr. Menon, learned Advocate for Respondent No. 2 has drawn my attention to the affidavit filed on behalf of Respondent No. 2 who is a French national and Chief Executive Officer of concerned company. I have perused the said affidavit and details stated therein. Consent Terms are appended to the said affidavit and are dated
22.04.2026. They are executed by Respondent No. 1, Applicant No. 1 and brother of Applicant No. 2. Rights and obligations stated in the Consent Terms ar taken as undertaking given to this Court. At the request of learned Advocates appearing for the parties, Consent Terms are scanned and reproduced below for ease and convenience for the parties:- 2 of 20
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4. Any dereliction or failure to comply with the obligations stipulated in the Consent Terms shall be construed as a breach of the undertaking given to this Court. It is, therefore, made clear that all the rights and obligations set out in the Consent Terms shall be treated as undertakings given to this Court. All the parties shall abide by and comply with the same. 5.
Considering the lis between the parties, present Application deserves to be allowed and no purpose whatever will be served in keeping the criminal action into motion in Court. However, since complainant invoked criminal action, I am inclined to ley costs for enabling the parties to quash the said proceedings. Applicants and complainant both undertake to pay costs of Rs. 30,000/- (Rs. 15,000/- each) to A.K. Munshi Yojana’s J.T. Sheth Mandbuddhi Vikas Kendra, a Special School imparting education and training to the needs of 150 special children in the field of Education (Classes for 6 to 18 years), early intervention(upto 6 years) and vocational training (18 years above) having its school address and building at A.K. Munshi Yojana Chowk, 3rd Panjarapole Lane, C.P. Tank, Mumbai – 400 004 [Contact Nos. 22425513 / 22423654] registered under the Society Registration Act, XXI of 1980 under No. : 387/81 GBBSD and the Public Trust Act, XXIX of 1950 under No. F-6809. RCI Reg. No. 0163 within a period of two weeks from the date of uploading of this order as a condition for 19 of 20
16. CRI APL-1352-26.odt allowing the present Application. Copy of receipt of payment of costs shall be placed on record within a period of two weeks for compliance. 6. In view of the consent terms, Application is allowed and
disposed in terms of prayer clause (a) which reads thus:- (a) This Hon'ble Court be pleased to quash the entire Complaint arising out of C.R. No. 47/2026 came to be lodged by Respondent No. 2 and registered by the Respondent No. 1 on 12/01/2026 with Samta Nagar Police Station, for the offences punishable u/s. 409, 465, 468, 471 and 120-B of the Indian Penal Code, 1860, taken over and being investigated by Economic Offences Wing, Mumbai, Unit-11, Banking-3 under CR No. 10 of 2026 for the offences punishable u/s. 409, 465, 468, 471 and 120-B of the Indian Penal Code, 1860, and any further proceedings thereof."
7. Though the present Application is disposed, it is kept for compliance of this order on 4th September, 2026 under the caption
"for Compliance". Amberkar [ MILIND N. JADHAV, J. ] 20 of 20 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.21 20:13:11 +0530