Bombay High Court
Meenabai Rajkumar Ajmera And Anr vs The State Of Mah on 5 April, 2023
Author: S. G. Mehare
Bench: S. G. Mehare
1 965-Cri.Rev.Appln.212-05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
965 CRIMINAL REVISION APPLICATION NO.212 OF 2005
MEENABAI RAJKUMAR AJMERA AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr. Jagdish V. Deshpande.
APP for Respondent-State : Mr. S. P. Deshmukh.
...
CORAM : S. G. MEHARE, J.
DATE : 05.04.2023
PER COURT :-
1. The applicants were convicted for the offence punishable
under Section 420 of the IPC and Section 3 and 4 of the Prize
Chit and Money Circulation Scheme (Banning) Act, 1978.
They were sentenced to suffer R.I. for one year for the offence
punishable under Section 420 of the IPC and S.I. for one year
for the offence punishable under Sections 3 and 4 of the Prize
Chit and Money Circulation Scheme (Banning) Act, 1978.
Judgment of the conviction was confirmed by the subordinate
Appellate Court, Aurangabad.
2. Now, the complainant and the revision applicants have
amicably settled their dispute out of the Court. The offence
punishable under Section 420 of the IPC and Sections 3 and 4
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2 965-Cri.Rev.Appln.212-05.odt
of the Prize Chit and Money Circulation Scheme (Banning) Act,
1978 are compoundable with the leave of the Court. Hence,
the leave has been sought.
3. Perused the application and verified the contents of the
application and compromise pursis from the applicants and the
complainant present in the Court. They admit that they have
settled their dispute amicably. Considering the contents of the
application, leave granted to compound the offence under
Section 420 read with Section 3 and 4 of the Prize Chit and
Money Circulation Scheme (Banning) Act, 1978. The
compromise pursis has also been examined. The parties have
admitted its contents.
4. In view of the settlement between parties, the following
order is passed :
ORDER
(i) Criminal Revision Application is allowed.
(ii) The judgment and order of conviction passed by the learned Chief Judicial Magistrate, Aurangabad in Regular Criminal Case No.1719 of 2001, dated 07.04.2005 and confirmed by the learned Additional Sessions Judge, Aurangabad by its judgment and order dated 05.07.2005 in criminal Appeal No.37 of 2005 stands set aside to the ::: Uploaded on - 06/04/2023 ::: Downloaded on - 07/04/2023 01:06:20 ::: 3 965-Cri.Rev.Appln.212-05.odt extent of the present applicants namely Meenabai w/o Rajkumar Ajmera and Rajkumar Kalyanmal Ajmera (accused Nos.3 and 4 before the Trial Court).
(iii) The present applicants acquitted under Section 248 of the Cr.P.C. for the offences punishable under Section 420 of IPC and Section 3 and 4 of the Prize Chit and Money Circulation Scheme (Banning) Act, 1978 in Crime No.199 of 2001, registered with Police Station CIDCO and fine amount of Rs.1000/- each, if deposited be returned to the applicants.
(iv) Bail bonds and surety bonds stand cancel and surety stands discharged.
(v) Record and Proceedings be returned to the concerned Court.
(vi) Rule made absolute in the above terms.
(S. G. MEHARE, J.) ...
vmk/-
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