1 Criminal Application No.2948/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2948 OF 2010 M/s Vodafone Essar Cellular Ltd. & anr. ... APPLICANTS VERSUS Jawahar Computer Shoppe & ors. ... RESPONDENTS ..... Shri Shrish Gupte, Senior Counsel with Shri P.R. Patil, Advocate for applicants Shri V.J. Dixit, Senior Counsel with Shri P.S. Shendurnikar, Advocate for respondent No.1. Shri K.M. Suryawanshi, A.P.P. for respondent Nos.2 & 3 ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st March, 2011 PER COURT : 1. Heard both the learned Senior Counsel for the respective parties. The applicants have prayed for quashing and setting aside order dated 30.3.2010, recorded by learned Judicial Magistrate, First Class, Pachora in R.C.C. No.48/2010 and also the proceedings vide Crime No.29/2010 registered at Pachora Police Station for the offence punishable under sections 406, 415, 418, 420 read with Section 34 of the Indian Penal Code. 2. After substantially arguing the matter, considering the nature of controversy more flowing to the inter-se accounts between 2 Criminal Application No.2948/2010 the parties, the matter is worked out/ settled between the parties. The applicants have undertaken to pay an amount of Rs.7,00,000/- by a pay order or Demand Draft within 15 days from today and the applicants will not claim value of the goods of Rs.50,000/- lying with the respondent i.e. the proprietor of Jawahar Computer Shoppe. The consequent settlement between the parties has reached for an amount of Rs.7,50,000/-. 3. The parties have agreed that they will not be contesting the issue in any forum as the matter is resolved in entirety concerning account, agency, dealership by whatever name it is called. The purshis is signed by Mr. Rakesh Purusnani, as Proprietor identified by Mr. Shendurnikar, the learned counsel on behalf of the respondent and Mohana Mangre, Authorised Signatory, identified by Mr. P.R. Patil, learned counsel for the applicants. 4. Since the matter is dragged for sufficient long duration before the respective Courts, though there was confusion and misunderstanding between the parties, however, the respondent No. 1, the complainant, needs to be compensated by way of costs, which I quantify to the tune of Rs.35,000/- (Rupees thirty five thousand) payable by the applicants Vodafone Essar Cellular Ltd. within 15 days from today. 3 Criminal Application No.2948/2010 5. With the above clarification, the proceedings subject of challenge being Crime No.29/2010 registered at Pachora Police Station is quashed and set aside. Criminal Application allowed. K.U. CHANDIWAL JUDGE fmp/cri294810