Bombay High Court
Shri Sameer S/O Mahendrabhai Shah vs Maheshbhai S/O Khataubhai Patel on 26 February, 2021
Bench: V.M. Deshpande
1 REVN257.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 257 OF 2019
APPLICANT : Sameer S/o Mahendrabhai Shah,
Aged about 45 years, Occu. Business,
Proprietor of New Tech Veeneers,
M/223, Greater Kailash-II, New Delhi.
VERSUS
NON-APPLICANT : Maheshbhai S/o Khataubhai Patel,
Aged 58 years, Occu. Business,
Resident of Lakadganj, Nagpur
Proprietor of M/s Dharmesh Timber Mart,
Plot No. 90, Kapsi, Nagpur - 440 008.
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Mr. Amit R. Pasad, Advocate for the applicant.
Mr. Kunal Nalamwar, Advocate for the non-applicant.
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CORAM : V. M. DESHPANDE, J.
DATE : FEBRUARY 26, 2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. Heard Mr. Amit R. Prasad, learned counsel for the
applicant and Mr. Kunal Nalamwar, learned counsel for the non-
applicant.
2 REVN257.19.odt
3. The non-applicant had filed a criminal complaint
against the applicant, stating therein that the cheque which was
issued by the applicant in discharge of his legal liability in favour of
the non-applicant, was dishonoured by his banker and therefore, the
applicant has committed an offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 (hereinafter referred to as "the
N.I.Act" for the sake of brevity).
4. The complaint was registered as Summary Criminal
Complaint No. 21037 of 2012. The complaint was contested by the
applicant. The learned Judicial Magistrate, First Class, Court no. 27,
Nagpur vide judgment dated 03.09.2015 found that the non-
applicant/original complainant has proved that the cheque in
question was issued by the applicant in discharge of his legal liability
and it was dishonoured by the banker of the applicant and therefore,
the ingredients of the offence punishable under Section 138 of the
N.I. Act were proved and therefore, convicted the applicant for the
offence punishable under Section 138 of the N.I.Act. The sentence
imposed was that the applicant shall undergo simple imprisonment
for one month. The applicant was also directed to pay compensation
of Rs.3,35,000/- to the complainant.
3 REVN257.19.odt
5. Felt aggrieved by the conviction and order of sentence,
the applicant filed Criminal Appeal No. 257 of 2015. The learned
Additional Sessions Judge-9, Nagpur, after hearing the parties to the
said appeal, dismissed the appeal by the judgment dated 29.07.2019
thereby confirming the order of conviction and sentence passed by
the learned Magistrate.
6. Against these concurrent judgments, the present
revision was filed.
7. In this revision, notice was issued to the non-applicant
on 18.10.2019 by this Court (Coram : Mrs. Swapna Joshi, J.) and
also suspended the substantive jail sentence imposed upon the
applicant.
8. During pendency of this revision, the applicant and non-
applicant have mutually agreed to settle their dispute and they filed
a compromise pursis vide Stamp No. 03 of 2021. The pursis is duly
signed by the applicant as well as the non-applicant and their
respective counsel Mr. Amit R. Prasad and Mr. Ketan B. Dave, who
used to represent the non-applicant/complainant before the trial
Court. As per the compromise, out of total compensation amount of
4 REVN257.19.odt
Rs.3,35,000/-, the applicant has paid the amount of Rs.2,51,630/-
by cheque because an amount of Rs.83,750/- was already deposited
by the applicant before the Appellate Court.
9. Mr. Nalamwar, learned counsel, on instructions from the
non-applicant, submits that the cheque given by the applicant for
Rs.2,51,630/- dated 21.02.2021 is duly honoured by the bankers of
the applicant and he has received the cheque amount. He submits
that permission be given to the non-applicant to withdraw the
amount of Rs.83,750/- deposited by the applicant before the lower
Appellate Court.
10. In view of the compromise arrived at between the
parties and the fact that the claim of the non-applicant/complainant
is duly satisfied, I am of the view that this revision application needs
to be disposed of. Accordingly, I pass the following order :
ORDER
1. The judgment and order passed by the learned
Judicial Magistrate, First Class, Court No.27, Nagpur
in Summary Criminal Complaint No. 21037 of 2012
on 03.09.2015, together with the judgment and order
passed by the learned Additional Sessions Judge-9,
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Nagpur in Criminal Appeal No. 257 of 2015 on
29.07.2019, are hereby quashed and set aside.
2. The non-applicant/complainant is permitted to
withdraw the amount of Rs.83,750/- deposited by the
applicant with the Appellate Court together with the
accrued interest thereon.
3. With this, the revision application is disposed of.
Rule accordingly. No order as to costs.
V. M. DESHPANDE, J.
Diwale
Digitally signed
by Parag
Parag Diwale
Date:
Diwale 2021.03.01
16:46:49
+0530
