Prasad Ajabrao Deshmukh vs State Of Maharashtra Thr. D.G.P. ...
2022 Latest Caselaw 4083 Bom

                                                        1                               42.REVN.16-2019.odt




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

        CRIMINAL REVISION APPLICATION (REVN) NO. 16 OF 2019
                                       ( Prasad Ajabrao Deshmukh
                                                   Vs.
                                       State of Maharashtra & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Ms. Divya Joshi, Advocate h/f Mr. S.V. Sirpurkar, Advocate for the
                                  Applicant.
                                  Ms. Trupti H. Udeshi, A.P.P. for the Non-Applicant No.1/State.
                                  Mr. R.G. Kavimandan, Advocate for the Non-Applicant No.2.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 18th APRIL, 2022.

Heard.

2. One of the prayers made in the Criminal Application (APPR) No. 112/2022 is for compounding the offence under Section 138 of the Negotiable Instruments Act, on the ground, that the entire compensation amount has been partly deposited before the learned Magistrate and the balance amount has been deposited before the learned Sessions Court, which position is not opposed by Ms. Joshi, learned counsel holding for Mr. Sirpurkar, learned counsel for the applicant. Since the entire compensation amount has already been received by the applicant, and the requests for compounding, by virtue of Section 147 of the Negotiable Instruments Act, is not opposed by Ms. Joshi, 2 42.REVN.16-2019.odt

learned counsel holding for Mr. Sirpurkar, learned counsel for the applicant, in view of which, by virtue of Section 147 of the Negotiable Instruments Act, in view of the position stated above, the offence under Section 138 of the Negotiable Instruments Act is hereby compounded.

3. The entire amount deposited by the applicant/original accused, before the learned Magistrate as well as the learned Sessions Court be paid over to the non-applicant No.2/complainant, except the amount already withdrawn. In view of compounding the conviction rendered by the learned Magistrate by its judgment dated 31.12.2013 in S.C.C. No. 956/2011 and confirmed by the learned Sessions Court, Buldana in Criminal Appeal No. 54/2014 vide judgment dated 25.01.2017, are hereby quashed and set-aside. The revision application is accordingly disposed of as being compounded.

4. The Criminal Application (APPR) No. 112/2022 is accordingly allowed and disposed of.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:18.04.2022 17:32