Bombay High Court
Deepak Subhash Fatale vs Radha Textile Corporation Huf Mr. ... on 11 September, 2023
Bench: S. V. Kotwal
2023:BHC-AS:26821
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.153 OF 2023
Deepak Subhash Fatale ...Applicant
Versus
Radha Textile Corporation (H.U.F.) & Anr ...Respondents
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Mr. Trupti A. Bharadi, Advocate for Applicant.
Mr. Pratik G. Tare, Advocate for Respondent No.1.
Mr. S.H. Yadav, APP for State/Respondent.
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CORAM : SARANG V. KOTWAL, J.
DATE : 11th SEPTEMBER 2023
PC :
1. The Applicant was the original Accused in Summary
Criminal Case No.1123 of 2017 before the Judicial Magistrate First
Class, Court No.2, Ichalkaranji, district Kolhapur. At the
conclusion of the trial Court, the learned Magistrate vide his
judgment and order dated 10th March 2021 convicted the
Applicant for commission of offence punishable under Section 138
of the Negotiable Instruments Act, 1881. He was sentenced to
suffer simple imprisonment for one year and to pay the
Digitally
signed by
ASHWINI
JANARDAN
compensation amount of Rs.2,43,100/- to the Complainant-
ASHWINI
JANARDAN VALLAKATI
VALLAKATI Date:
2023.09.13
04:50:12
+0530
Respondent No.1 herein and in default of payment of
Ashwini V
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compensation, he was directed to suffer simple imprisonment for
three months. This order was challenged by the Applicant in the
Sessions Court Ichalkaranji district Kolhapur vide Criminal Appeal
No.19 of 2021. The learned Additional Sessions Judge
Ichalkaranji, vide his judgment and order dated 17 th January 2023
dismissed the Appeal and upheld the Applicant's conviction.
2. At this stage, both the parties have settled their disputes
and the Respondent No.1 i.e., the original Complainant has
tendered an affidavit before this Court regarding this settlement.
He has stated in the affidavit that on payment of Rs.1,70,000/- the
matter was settled and he did not have any grievance against the
Applicant and that he wished to withdraw all the allegations
against the Applicant. The affidavit is taken on record. Both the
parties are present in the Court and they are identified by their
respective Counsel.
3. The cheque amount was for Rs.1,21,550/-. Considering
the settlement between the parties, the offence can be permitted to
be compounded. On the question of payment of cost, both learned
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Counsel jointly submitted that both the parties are financially poor
and their business suffered during the spread of Covid-19
pandemic, therefore, leniency be shown to them. Learned Counsel
for the Applicant submitted that with lot of efforts the matter
could be settled and the Accused could arrange the amount which
was used for settlement. Considering these submissions, some
leniency can be shown to the Applicant.
4. Hence, the following order:
ORDER
i) The offence is allowed to be compounded.
ii) The judgment and order dated 10th March 2021
passed by the J.M.F.C. Court No.2, Ichalkaranji
district Kolhapur in Summary Criminal Case
No.1123 of 2017, is set aside. Similarly, the order
dated 17th January 2023 passed by the Additional
Sessions Judge, Ichalkaranji in Criminal Appeal
No.19 of 2021, is set aside.
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iii) Consequently, the Applicant is acquitted from the
charges of commission of offence punishable
under Section 138 of the N.I. Act which is the
subject matter of these proceedings.
iv) The Applicant shall pay an amount of Rs.5,000/-
(Rupees Five Thousand only) to the Legal
Services Authority of this Court within a period of
four weeks from today.
(SARANG V. KOTWAL, J.)
