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2026 DAILYLAW 6365 (BOM)

RAMDAS HANUMAYYA MODIRAJ v. ASHOK LAXMANRAO GANJEWAR

APPLN/3098/2026 · 2026-09-03

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

*1* 1nob revn89o18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3098 OF 2026 IN CRIMINAL REVISION APPLICATION NO.89 OF 2018 WITH CRIMINAL REVISION APPLICATION NO.89 OF 2018 RAMDAS HANUMAYYA MODIRAJ VERSUS ASHOK LAXUMANRAO GANJEWAR … Shri Harshad H. Padalkar, advocate for the applicant/ accused. Shri M.R. Malpani, advocate i/by Shri Shailendra S. Gangakhedkar, advocate for the respondent/ complainant. … CORAM : SUSHIL M. GHODESWAR, J. DATE : 03 September 2026 P. C. :- 1. Not on the Board. Mentioned. Taken on the Production Board. 2. This is joint application for compounding the offence by way of compromise. The terms and conditions of compromise are mentioned in paragraph No.3 of this joint Criminal Application No.3098/2026. 3. In the Criminal Revision Application, the applicant/ accused has challenged the judgment and order dated 2026:BHC-AUG:40381 *2* 1nob revn89o18 16.03.2018 passed by the learned Additional Sessions Judge-5, Nanded, in Criminal Appeal No.86/2011 thereby, dismissing the said appeal and confirming the judgment and order dated 28.11.2011 passed by the learned JMFC, Nanded, in SCC No.1373/2009 whereby, the applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and he was sentenced to suffer rigorous imprisonment for four months and to pay compensation of Rs.3,36,000/- and in default to suffer further simple imprisonment for three months. 4. Today, by virtue of the instant application, both the applicant as well as the complainant are present before the Court and they have been identified by their respective advocates. They have reduced the terms of compromise into writing and prayed for permission to compound the offence. It is stated in the compromise that the amount of compensation has been deposited in this Court as well as before the Trial Court and the complainant is permitted to withdraw the said amount with accrued interest. The parties have voluntarily agreed to compound the offence punishable under Section 138 of the Negotiable Instruments Act and have requested that, in view of *3* 1nob revn89o18 such compounding, the conviction and sentence recorded against the applicant/accused be set aside. 5. In view of the offence having been compounded, the impugned judgments and orders passed by the Courts below are set aside. The applicant/accused is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. As such, the Criminal Application as well as the Criminal Revision Application ares, accordingly, allowed. 6. The complainant is permitted to withdraw the amount deposited by the applicant/ accused in this Court as well as in the lower Court, along with accrued interest. kps ( SUSHIL M. GHODESWAR, J. )