Bombay High Court
Guljarali Inayatali (In Jail) vs Wadhuram S/O. Fatandas Rohara on 25 January, 2018
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION NO.116/2018 WITH
CRIMIANL APPLICATION (APPR) NO.14/2018 WITH
CRIMINAL REVISION NO.20/2018
Guljarali Inayatali,
aged 58 years, Occ. Business,
r/o Kidwai Ward, Desaiganj,
Wadsa. .....APPLICANT
...V E R S U S...
Wadhuram s/o Fatandas Rohara,
aged 56 years, Occ. Business,
r/o Kharbi Village, Jawaharnagar
Petrol Pump, Bhandara. ...NON APPLICANT
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Mr. M. N. Ali, Advocate for applicant.
Mr. C. F. Bhagwani, Advocate for non applicant.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 25.01.2018
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
2. This is an application for condonation of delay in moving
the revision application. The delay is of 462 days. The non applicant
is original complainant. He filed a complaint against the applicant
since the cheque issued by the present applicant was not honoured
by his banker. The complaint filed on behalf of the non applicant
was registered as Summary Criminal Case No. 12450/2012 and the
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learned Judicial Magistrate First Class Court No.21 at Nagpur tried
the said case. Vide judgment dated 25.06.2014, the learned
Magistrate First Class found the applicant guilty and directed the
applicant to undergo simple imprisonment for one month and also
directed the applicant to pay compensation of Rs.60,000/-.
3. Feeling aggrieved thereby, the applicant filed appeal
before the learned Sessions Court, Nagpur. The appeal was
registered as Criminal Appeal No.156/2014, which was allotted to
the file of Additional Sessions Judge, Nagpur. On 13.07.2016, the
learned Additional Sessions Judge dismissed the appeal. On the day
when the judgment was delivered, the present applicant was not
present in the Court and therefore he was not taken into custody.
Consequently, a direction was given by the learned appellate Court
to the learned Magistrate for issuance of warrant.
4. Accordingly, the warrant was issued by the learned
Magistrate and the applicant was brought and was sent to Central
Jail and he is in jail since 09.01.2018. The notice on the application
for condonation of delay in filing revision was issued by this Court.
In pursuance to that, the complainant put in his appearance and is
represented by Mr. Bhagwani, Advocate.
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5. Today, an application under Section 147 of the
Negotiable Instruments Act is moved for compounding of the offence.
The application is duly affirmed by the non applicant Wadhuram,
who is personally present in the Court. He is duly identified by his
counsel Mr. Bhagwani. In the application, it is stated that the parties
have settled their dispute amicably. It is further stated that the non
applicant has received Rs.45,000/- from the son of present applicant
who is in jail. It is also stated in the application that the applicant
has deposited Rs.15,000/- before the learned Sessions Judge when
he was released on bail at the time of suspension of his sentence and
the said amount will be received by the complainant. Learned
counsel for the applicant submits that as per the terms of the
compromise, the complainant Wadhuram Rohara is entitled to
withdraw the amount of Rs.15,000/- from the Court of Sessions.
6. The offence under the Negotiable Instruments Act is
compoundable one. In the present case, since the original
complainant has stated on affidavit that he has settled the dispute
and received the amount of Rs.45,000/- and also he will be
withdrawing the amount of Rs.15,000/-, he submits that he wishes to
compound the matter.
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7. In that view of the matter, following order is passed.
ORDER
(i) Criminal Application No.14/2018 is allowed.
The delay caused in filing the revision application is
condoned. Office is directed to register the revision
application.
(ii) Criminal Application No.116/2018 under
Section 147 of the Negotiable Instruments Act for
compounding of the offence is allowed. The parties are
granted permission to compound the offence.
(iii) The judgment and order dated 25.06.2014
passed by Judicial Magistrate First Class, Court No.21
(Spl. Court of Section 138 of the Negotiable Instruments
Act), Nagpur in Summary Criminal Case No.12450/2012
and the judgment and order dated 13.07.2016 passed by
District Judge-14 and Additional Sessions Judge, Nagpur
in Criminal Appeal No.156/2014 are quashed and set
aside.
(iv) Criminal Revision No.20/2018 is allowed.
(v) The complainant-Wadhuram s/o Fatandas
Rohara will be entitled to withdraw the amount of
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Rs.15,000/-deposited by the applicant in the Court of
Sessions.
(vi) The applicant shall be released forthwith, if
not required in any other crime.
Rule is made absolute in the above terms with
no order as to costs.
JUDGE
kahale
