M/S. Chintamani Kortex Thr. Prop. ... vs State Of Maharashtra Thr. Police ...
2022 Latest Caselaw 2849 Bom

                                                        1                                 4.REVN.217-2017.odt




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

       CRIMINAL REVISION APPLICATION (REVN) NO. 217 OF 2017
 ( M/s. Chintamani Kortex, Thr. Its Proprietor Shri Swapnil Giridharrao
                               Nagpure
                                   Vs.
                     Suryakant Ramraoji Gade )

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


                                  Mr. S.G. Joshi, Advocate for the Applicant.
                                  Mr. M.Y. Wadodkar, Advocate for the Non-Applicant.

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 23rd MARCH, 2022.

Mr. Joshi, learned counsel for the applicant, at the outset seeks leave to amend the cause title of the Criminal Application No. 71/2022 by insertion of Section 147 of the Negotiable Instruments Act therein, which is not opposed by Mr. Wadodkar, learned counsel for the non-applicant, considering which, leave is granted. The amendment be carried out forthwith.

2. Mr. Joshi, learned counsel for the applicant, has filed Criminal Application No. 71/2022, seeking compounding of the offence on the ground, that the dispute between the parties has been settled, whereunder, the non-applicant has accepted an amount of Rs.16 lakh by cheque. The reply filed by the non-applicant affirms this position and has also gives his no objection for compounding the instant matter, which 2 4.REVN.217-2017.odt

is reiterated by Mr. Wadodkar, learned counsel for the non-applicant, in view of which, in exercise of the powers under Section 147 of the Negotiable Instruments Act, by accepting the settlement between the parties as indicated above, the offence under Section 138 of the Negotiable Instruments Act is hereby compounded, and the judgment passed by the learned Judicial Magistrate First Class, Yavatmal, dated 11.04.2014 in S.C.C. No. 2424/2011, convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to suffer Simple Imprisonment for six months and so also awarding compensation of Rs. 32,84,340/- to the complainant, in default to suffer Simple Imprisonment for two months and the subsequent judgment in Appeal No. 23/2014 dated 30.11.2017, are hereby quashed and set-aside.

3. The Revision application is allowed. No costs.

4. Pending application/s, if any, shall stand disposed of accordingly.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:23.03.2022 18:12