Ashoka Safe Deposits Vault Co. Ltd. v. State of Maharashtra, through P. S. O. Sitabuldi, Nagpur
2016-03-01
Z.A.HAQ
body2016
DigiLaw.ai
JUDGMENT : Z.A. Haq, J. The applicants have challenged the judgment passed by the Sessions Court dismissing the appeal filed by them and maintaining the judgment passed by the learned Magistrate convicting the applicants for the offence punishable under Section 138 of the Negotiable Instruments Act. On 30-01-2013, this Court passed the following order : "Heard. Both the parties are present with their respective counsel. The negotiations were in progress but no fruitful result could be arrived at. Ultimately, it is on the intervention of Court that the parties are ready to settle the dispute amicably. It was suggested by the Court that the non-applicant No.2 should compound all the three offences with the applicants on payment of Rs. 5,75,000/- (Rupees five lakhs seventy five thousand) within a period of three days from today, or, on payment of Rs. 6,00,000/- (Rupees six lakhs) by the applicants to the non-applicant No.2 within a period of fifteen days from today. The parties have agreed to consider the suggestion made by the Court seriously and I hope and trust that the matters will be resolved amicably. Hence, by consent of both the parties, stand over to 13-2-2013." 2. After the above order came to be passed, none appeared for the applicants on 09-06-2014, 16-06-2014, 25-01-2016, 03-02-2016, 16-02-2016 and 25-02-2016. Today also none appeared for the applicants when the matter is called out. Ms. Vidya Umale, Advocate holding for Shri A.V. Khare, Advocate for the non-applicant No.2 has stated that the applicants had deposited Rs. 40,000/- in each revision application as per the order passed by this Court on 14-09-2012 while admitting the revision applications. It is submitted that pursuant to the order dated 30-01-2013, the applicants have paid Rs. 2,50,000/- to the non-applicant No.2 on 20-03-2013 and Rs. 1,20,000/- on 12-02-2016. It is submitted that the amount of Rs. 1,20,000/- which is deposited by the applicants with the Registry of this Court may be handed over to the non-applicant No.2 and on receiving the amount, the non-applicant No.2 will have no grievance against the applicants. 3. In view of the above, the following order is passed: (i) The amount of Rs. 1,20,000/- deposited by the applicants in the three revision applications be given to the non-applicant No.2 along with interest, if any. (ii) On disbursement of the above amount and taking into account the fact that the applicants have paid Rs.
3. In view of the above, the following order is passed: (i) The amount of Rs. 1,20,000/- deposited by the applicants in the three revision applications be given to the non-applicant No.2 along with interest, if any. (ii) On disbursement of the above amount and taking into account the fact that the applicants have paid Rs. 3,70,000/- to the non-applicant No.2, the judgment passed by the learned Magistrate and modified by the Sessions Court is modified. The sentence imposed on the applicant No.2 by the learned Magistrate and maintained by the Sessions Court is set aside. (iii) It is recorded that the claim of the non-applicant No.2 is satisfied on receiving the amount mentioned earlier and the non-applicant No.2 is not entitled to claim anything further from the applicants. (iv) The revision applications are disposed in the above terms. In the circumstances, the parties to bear their own costs. Order accordingly.