JUDGMENT :

(Ahsanuddin Amanullah, J.) :

Leave granted.

2. Heard learned counsel for the parties.

3. The present appeal is directed against the Final Judgment and Order dated 08.10.2018 (hereinafter referred to as the “Impugned Judgment”) passed by the High Court of Judicature at Bombay, Bench at Aurangabad (hereinafter referred to as the “High Court”) in Criminal Writ Petition No.215 of 2017 by which the writ petition filed by the appellant was partly allowed and the respondent no.2 was directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from his own pocket to the appellant.

BRIEF FACTS:

4. A First Information Report¹[FIR.] bearing Crime No.1- 117 of 2015 for an offence punishable under Section 379²[‘379. Punishment for theft.—Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.’] of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) was filed by one Mr. Madhukar Vikram Gayake on 14.06.2015 with Paithan Police Station, Taluka Paithan, District Aurangabad, State of Maharashtra (hereinafter referred to as the “PS”) alleging that on 12.06.2015 the compl