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2011 Supreme(Bom) 825

B.R.GAVAI
Pramod Parmeshwarlal Banka – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants:Shashank V. Manohar with Shyam Dewani, Vikrant Sahane, Vipul Jain i/b. I.P. Bagaria, Advocates.
For the Respondents:S.S. Pednekar, A.S. Shitole, APP, R2, Zal Andhyarujuna with Devendra Chandan i/b. Vivek M. Sharma, Advocates.

Judgment

1. All these three revision applications challenge the order dated 24th August 2007passed by the learned Additional Sessions Judge, Mumbai in Criminal Revision Application No.529/2007 thereby allowing the revision filed respondent No.2 herein and setting aside the order passed by the learned Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai whereby learned Magistrate had discharged the accused No.1Pramod Banka and accused No.4Rani Agarwal. By the impugned order the learned revisional Court has also directed to frame charge under section 409 of Indian Penal Code (I.P.C.) against accused No.2Vijaykumar Agarwal.

2. The Apex Court by its order dated 11th May 2011 has directed the present revisions to be disposed off within a stipulated period. As such I had heard the learned counsel for the parties at length on 4th and 5th July 2011. However, noticing that on an earlier occasion the parties had agreed to settle the matter, as could be reflected from the order passed by Hon'ble Justice Bhatia on 24th March 2011, I thought it appropriate to give one more opportunity to the parties to explore the possibility of settlement. Accordingly, matter was adjourned to 1










































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