Amardeo S/O Ghiravu Yadav vs Hoshiyarsingh S/O Rambirsingh ...
2022 Latest Caselaw 4666 Bom

                                                        1                             61.REVN.66-2022.odt




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

        CRIMINAL REVISION APPLICATION (REVN) NO. 66 OF 2022
                              ( Amardeo s/o Ghiravu Yadav
                                            Vs.
                           Hoshiyarsingh s/o Rambirsingh & Anr.)

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


                                  Mr. P.V. Navlani, Advocate for the Applicant.
                                  Mrs. Mayuri Deshmukh, A.P.P. for the Non-Applicant No.2/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd MAY, 2022.

Heard.

2. Mr. Harsh Kothari, learned counsel appears for the Non-applicant No.1.

3. The applicant has been convicted by the learned trial Court by its judgment dated 19.07.2019 for an offence punishable under Section 138 of the Negotiable Instruments Act and has been sentenced him to suffer Simple Imprisonment for six months and to pay compensation of Rs. 6,50,000/-, in default to suffer Simple Imprisonment for one month. The appeal filed by the applicant, has been dismissed by the learned Sessions Court by its judgment dated 31.01.2022.

4. In the present revision, the non-applicant No.1/complainant has filed an application under Section 2 61.REVN.66-2022.odt

147 of the Negotiable Instruments Act for compounding the offence on the ground, that the entire compensation amount which has been deposited by the applicant before the learned Sessions Court as well as in this Court, should be received by him. The application is taken on record and marked as 'X' for the purpose of identification. Mr. Navlani, learned counsel for the applicant, has no objection.

5. It is material to note, that an amount of Rs. 1,30,000/- has been deposited by the applicant before the learned Sessions Court in Criminal Appeal No. 225/2019. A further amount of Rs. 3 Lakhs has been deposited in this Court on 23.03.2022 in pursuance to the order dated 22.03.2022 by way of a Demand Draft No. 109162 drawn on Union Bank Of India, Wardhaman Nagar, Branch Nagpur. A further pay order of Rs. 2,20,000/- dated 27.04.2022 in the name of Registrar, High Court of Bombay at Nagpur, drawn on Union Bank Of India, Wardhaman Nagar, Nagpur, is tendered across the bar, which is accepted. The Registrar, to present the pay order for realisation. Mr. Navlani, learned counsel for the applicant, has no objection to the non-applicant No.1, to withdraw the amount, considering which, the application under Section 147 of the Negotiable Instruments Act, is allowed, and therefore, the offence under Section 138 of the Negotiable Instruments Act, is hereby compounded, subject to the condition, that the amounts as indicated above deposited by the applicant with this Court as well as the Sessions 3 61.REVN.66-2022.odt

Court shall be withdrawn by the non-applicant No.1, considering which, the judgment dated 19.07,2019 passed by the learned JMFC, Kamptee in S.C.C. No. 892/2017 and so also the judgment dated 31.01.2022 passed by the learned Session Court, Nagpur, are hereby quashed and set-aside and the applicant is acquitted. No costs.

6. An application for withdrawal of the amount of Rs. 5,20,000/- has been filed by the non-applicant No.1, which is again taken on record and allowed.

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

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:02.05.2022 21:36