Bombay High Court
Ganesh S/O Onkarmal Heda vs State Of Maharashtra & Another on 1 September, 2017
Bench: V.M. Deshpande
Judgment
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL REVISION APPLICATION NO.199 OF 2002
AND
CRIMINAL REVISION APPLICATION NO.11 OF 2003
CRIMINAL REVISION APPLICATION NO.199 OF 2002
Ganesh s/o Onkarmal Heda,
Aged 32 years, Occupation Business,
Shri Vijay Agro Traders,
R/o Hatola, Taluka Barshi Takli,
District Akola. ..... Applicant.
:: VERSUS ::
1. The State of Maharashtra,
2. Original Complainant
Basant Agro Tech (I) Ltd.,
Through constituted Attorney
Shri Rajendra Tayade,
Aged about 32 years,
Occupation Service,
R/o Patrakar Colony, Akola.
Taluka and District Akola.
(P.S. Civil Lines, Akola) ..... Non-applicants.
================================================================
Shri J.B. Kasat, Counsel for the Applicant.
Shri Abhishek Shukla, Adv. h/f Shri R.L. Khapre, Counsel for
non-applicant No.2.
Shri I.J. Damle, Addl.P.P. for the State.
================================================================
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CRIMINAL REVISION APPLICATION NO.11 OF 2003
Basant Agro Tech (I) Ltd.,
Through Constituted attorney
Shri Rajendra Sukhdeorao Tayade,
Aged 38 years, Occupation
Service, resident of Patrakar
Colony, Akola, Taluka and District
Akola. ..... Applicant.
:: VERSUS ::
1. Ganesh Onkarmal Heda,
Aged 32 years,
Shri Vijay Agro Traders,
at and post Pinjar,
Taluka Barshitakli,
District Akola.
2. State of Maharashtra. ..... Non-applicants.
================================================================
Shri Abhishek Shukla, Adv. h/f Shri R.L. Khapre, Counsel for
Applicant.
Shri J.B. Kasat, Counsel for non-applicant No.1.
Shri I.J. Damle, Addl.P.P. for the State.
================================================================
CORAM : V.M. DESHPANDE, J.
DATE : SEPTEMBER 1, 2017.
COMMON JUDGMENT
1. Both these revisions are disposed of by this
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common judgment.
2. Heard learned counsel Shri J.B. Kasat for the
applicant in Criminal Revision Application No.199 of 2002 and
for non-applicant No.1 in Criminal Revision Application No.11
of 2003 and Advocate Shri Abhishek Shukla h/f learned
counsel Shri R.L. Khapre for non-applicant No.2 in Criminal
Revision Application No.199 of 2002 and for applicant in
Criminal Revision Application No.11 of 2003 and learned
Additional Public Prosecutor Shri I.J. Damle for the State.
3. Both these revisions arise out of proceedings filed
under the Negotiable Instruments Act, 1881. Complainant is
Basant Agro Tech (I) Limited, who is non-applicant No.2 in
Criminal Revision Application No.199 of 2002 and applicant in
Criminal Revision Application No.11 of 2003. A complaint
was lodged in the Court of learned Judicial Magistrate First
Class at Akola against applicant Ganesh s/o Onkarmal Heda
since cheque issued by Ganesh s/o Onkarmal Heda in favour
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of Basant Agro Tech (I) Limited for Rs.2,03,296/- was not
honoured by the bankers of Ganesh s/o Onkarmal Heda.
4. After a full-fledged Trial, learned Magistrate vide
judgment and order dated 6.6.2000 convicted applicant
Ganesh s/o Onkarmal Heda for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881 and was
directed to suffer simple imprisonment for one month and to
pay a fine of Rs.20,000/- by way compensation in favour of
Basant Agro Tech (I) Limited. The aforesaid judgment and
order of conviction and sentence was carried before the
Appellate Court vide Criminal Appeal No.32 of 2000 and
learned IInd Additional Sessions Judge at Akola vide
judgment dated 29.11.2002 was pleased to dismiss the said
criminal appeal giving rise to these criminal revision
applications.
5. Criminal Revision Application No.199 of 2002 is for
setting aside judgment and order of conviction whereas
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Criminal Revision Application No.11 of 2003 is filed for
enhancement without even filing an appeal before the
Appellate Court for enhancement. Both these criminal
revision applications were admitted and are pending before
this Court.
6. Application under Section 147 of the Negotiable
Instruments Act, 1881 is filed on record. It is dated 30.8.2017.
The said is affirmed by applicant Ganesh s/o Onkarmal Heda
and Shri Rajendra Sukhdeorao Tayade, an authorized
attorney duly constituted by Basant Agro Tech (I) Limited. By
this application, it is pointed out by both original complainant
as well as accused that the matter in between them is amiably
settled and complainant Basant Agro Tech (I) Limited has
already received entire amount and has also filed a Pursis for
withdrawal of the executing proceedings which were filed by
the decree holder Basant Agro Tech (I) Limited before the
concerned Court.
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7. The offence under Section 138 of the Negotiable
Instruments Act, 1881 is made compoundable by Section 147 of
the Negotiable Instruments Act, 1881.
8. In view of the fact that the matter is amicably
settled in between the parties and both original complainant
and accused are moving this Court by filing a joint
application for compounding , I see no reason not to allow the
compounding. Consequently, I pass the following order:
ORDER
i) Criminal Revision Application No.199 of 2002
filed on behalf of applicant/accused, which is
supported by affidavit by original complainant
Basant Agro Tech (I) Limited for compounding, is
hereby allowed.
ii) The parties are permitted to compound the
matter.
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Judgment
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iii) Judgment and order of conviction passed by
learned Judicial Magistrate First Class at Akola in
Summary Criminal Case No.552 of 1998 is hereby
quashed and set aside.
iv) Criminal Revision No.11 of 2003 filed on behalf
of original complainant Basant Agro Tech (I)
Limited has rendered infructuous and is disposed
of.
Rule is made absolute in above terms.
JUDGE
!! BRW !!
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