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2011 Supreme(Bom) 1462

A.H.JOSHI
Suryakant s/o. Gendasingh Thakur – Appellant
Versus
State of Maharashtrta – Respondent


Advocates appeared:
Mr. NITIN JACHAK Advocate for the Applicant.
Mr. P. V. BHOYAR, APP for Respondent no.1.
Mr. A. G. AGRAWAL Advocate for Respondent no.2.

JUDGMENT :-

Rule. Rule is made returnable forthwith and is heard by consent.

2. The applicant is praying for quashing the Summary Criminal Case No.10862 of 2009.

3. Said case is filed by the respondent due to dishonour of Cheque No.834777 dated 25-06-2009 for Rs.200000/- as though notice was served cheque amount was not paid.

4. The cheque amount was towards money payable under compromise in Special Civil Suit No.596 of 2004, as disclosed in compromise and consent decree.

5. The compromise terms state the reasons of payment as follows:-

"1. The plaintiff has filed the present suit for partition and separate possession of 50 tolas gold, lands in Mouza Nari, House property that is plot no.2 in Tilak Nagar as alleged in the plaint. The parties i.e. Plaintiff and defendant no.1 being real brother and sister have decided to settle their alleged dispute. The defendant no. 1 has offered Rs.5,00,000/- (Rs. Five Lacks only) to the Plaintiff for full and final settlement out of love and affection. However, the defendant no. 1 is presently not in position to pay the aforesaid amount and would require months time. The party no. 1 has therefore issued cheques bearing no.834777, 834778 and 434779 dat



































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