Smt. Daksha Wd/O. Kishor Virani vs Shri. Nanaklal S/O. Narayanlal ...
2018 Latest Caselaw 291 Bom

Judgment

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                                            1

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 
                   NAGPUR BENCH, NAGPUR

           CRIMINAL REVISION APPLICATION NO.135 OF 2017

Smt. Daksha wd/o Kishor Virani,
Aged about 38 years, Occupation Household,
R/o C/o Shri Dada Sankhari's House,
Vivek Nagar, Mul Road, Chandrapur,
Tahsil and District Chandrapur.                         ..... Applicant.

                                    ::   VERSUS   ::

1.  Shri Nanaklal s/o Narayanlal Khatri,
Aged about 72 years, Occupation Business,
R/o Balaji Ward No.1, Chandrapur,
Tahsil and District Chandrapur.

2.  Shri Kishor s/o Uttamchand Virani,
(Died on 23/8/2017).

3.  The State of Maharashtra,
through PSO PS Ram Nagar, Chandrapur.         ..... Non-applicants.
=======================================================================
            Shri Sumeet Mendiretta, Counsel for the applicants.
            Shri V.A. Thakare, Addl.P.P. for the State.
=======================================================================


                                  CORAM : V.M. DESHPANDE, J.

                                  DATE     :  JANUARY 11, 2018.

ORAL JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally by

.....2/-

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consent of learned counsel for the parties.

2. A Summary Criminal Case No.1270 of 2010 was instituted

by non-applicant No.1 against the applicant and her husband since

cheques issued in favour of him were dishonoured by the bankers of

the present applicant and her husband. Learned Magistrate on

13.2.2012 convicted the applicant and her husband for the offence

punishable under Section 138 of the Negotiable Instruments Act, 1881

and directed that they both should suffer simple imprisonment for 3

months and also directed that they should pay compensation of

Rs.50,000/-.

3. Feeling aggrieved thereby, a criminal appeal was

preferred by the applicant and her husband in the Court of Sessions at

Chandrapur vide Criminal Appeal No.36 of 2012 and learned

Additional Sessions Judge No.4 at Chandrapur on 11.7.2017 dismissed

the appeal.

4. Thereafter, the present revision was filed by the

.....3/-

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applicant alone since after the judgment of the Lower Appellate Court,

her husband expired.

5. On 4.9.2017, Notices were issued to the non-applicants

and learned Additional Public Prosecutor waived Notice on behalf of

non-applicant No.3/State of Maharashtra. The substantive jail

sentence of the applicant was suspended.

6. The Notice of the revision is duly served upon non-

applicant Shri Nanaklal s/o Narayanlal Khatri. Today, he is personally

present in the Court. He along with applicant has filed an application

under the Section 147 of the Negotiable Instruments Act, 1881 for

permission to compound the offence. The said application is

registered as Criminal Application No.6 of 2018. The said application

is duly affirmed by the applicant as well as non-applicant No.1 Shri

Nanaklal s/o Narayanlal Khatri. As per the said application, non-

applicant No.1 Shri Nanaklal s/o Narayanlal Khatri, who is original

complainant, has settled his dispute with applicant Smt. Daksha wd/o

.....4/-

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Kishor Virani and in the said settlement, it is agreed that applicant

Smt. Daksha wd/o Kishor Virani to pay Rs.70,000/- by way of 3 Demand

Drafts whose description is given in paragraph No.7 of the application.

7. Since non-applicant No.1 Shri Nanaklal s/o Narayanlal

Khatri has not appointed any Advocate, this Court directed learned

Additional Public Prosecutor Shri V.A. Thakare, who is appearing on

behalf of non-applicant No.3/State of Maharashtra, to verify the

contents of the application and also to identify non-applicant No.1 Shri

Nanaklal s/o Narayanlal Khatri and other material which he has

shown. Learned Additional Public Prosecutor Shri V.A. Thakare has

identified him as Nanaklal s/o Narayanlal Khatri.

8. The Court has also enquired with non-applicant No.1 Shri

Nanaklal s/o Narayanlal Khatri about the settlement. He answered

that he has settled on his own with applicant Smt. Daksha wd/o Kishor

Virani and he has received 3 Demand Drafts for amount of Rs.70,000/-.

He has admitted that he is not interested in jail punishment of

.....5/-

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applicant Smt. Daksha wd/o Kishor Virani.

9. Section 147 of the Negotiable Instruments Act, 1881 states

that the offences are compoundable.

10. Thus, Criminal Application No.6 of 2018 is allowed. The

parties to the revision to compound the offence.

11. In view of compounding of the offence and in view of the

fact that original complainant non-applicant No.1 Shri Nanaklal s/o

Narayanlal Khatri, who is personally present in the Court, has

received agreed amount through the Demand Drafts, the present

criminal revision application is allowed. The judgments and orders

passed by both the Courts below are quashed and set aside.

12. Since non-applicant No.1 Shri Nanaklal s/o Narayanlal

Khatri on his own has stated to the Court that he is not interested in

the money deposited by present applicant Smt. Daksha wd/o Kishor

Virani in this Court by order dated 4.9.2017 at the time of suspension of

substantive jail sentence as he has received the amount as per the

.....6/-

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compromise, applicant Smt. Daksha wd/o Kishor Virani will be entitled

to withdraw the amount of Rs.35,000/- which is deposited in the Court.

The approach on the part of non-applicant No.1 Shri

Nanaklal s/o Narayanlal Khatri for forgoing the amount of Rs.35,000/-,

in view of compromise, is appreciated by the Court.

13. Rule is made absolute in the aforesaid terms.

14. In view of disposal of the criminal revision application,

criminal applications, if any, also stand disposed of.

JUDGE

!! BRW !!

...../-