Bombay High Court
Abdul Hameed S. Khan (Proprietor ... vs 1]M/S. Sjlt Spinning Mill Pvt. Ltd ... on 12 September, 2023
Bench: S. V. Kotwal
2023:BHC-AS:26792
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.80 OF 2023
WITH
INTERIM APPLICATION NO.1288 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.80 OF 2023
WITH
INTERIM APPLICATION NO.1286 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.80 OF 2023
Abdul Hameed S. Khan .... Applicant
versus
M/s SJLT Spinning Mill Pvt. Ltd. & Anr. .... Respondents
.......
• Mr. Satyam R. Gaud a/w Ms. Shikhani Shah, Advocate for
Applicant.
• Mr. S. R. Gupta, Advocate for Respondent No.1.
• Mr. S. H. Yadav, APP for the State/Respondent No.2.
CORAM : SARANG V. KOTWAL, J.
DATE : 12th SEPTEMBER, 2023
P.C. :
1. The Applicant was the original accused in C.C.
No.7001141/SS/2016, before the Metropolitan Magistrate, 70 th
Nesarikar
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Court, Mazgaon, Mumbai. At the conclusion of the trial, the
Applicant was convicted for commission of offence punishable
u/s 138 of Negotiable Instruments Act. He was sentenced to
suffer simple imprisonment for three months and to pay fine of
Rs.14,25,000/- and in default to undergo further simple
imprisonment for six months. Out of the fine amount, if
recovered, Rs.14,00,000/- were directed to be paid to the
complainant i.e. the Respondent No.1 as compensation and rest
of the fine i.e. Rs.25,000/- was directed to be credited to the
State.
2. The Applicant had challenged this order before the
learned Sessions Judge, Greater Mumbai, vide Criminal Appeal
No.790 of 2018. The learned Sessions Judge vide his Judgment
and Order dated 20/03/2023 dismissed the Appeal. After that
the Applicant has preferred the present Criminal Revision
Application. The subject matter of the trial was 8 cheques,
totalling to Rs.14,10,000/-.
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3. Today, both the learned counsel for the contesting
parties state that the matter is settled between the parties. The
Applicant as well as the authorized representative of the
Respondent No.1 are present before the Court. They are
identified by their respective counsel. The parties have tendered
a joint consent affidavit and consent terms. The Respondent
No.1/the original complainant has made a categorical statement
in the affidavit that the Respondent No.1/complainant has no
objection for compounding the offence, since the matter is
settled between the parties.
4. Considering the settlement arrived at between the
parties, the prayer for compounding the offence can be granted.
5. Learned counsel for the Applicant submitted that the
Applicant is a senior citizen. He has suffered heavy financial loss
during spread of Covid-19. He has borrowed money from his
relatives and friends for settling the matter. He submitted that
some leniency may be shown in the matter of directing the
Applicant to deposit the cost.
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6. Considering these submissions, I am inclined to show
leniency to the Applicant in directing the payment of cost.
7. Hence, the following order :
ORDER
(i) Permission to compound the offence is granted.
Consequently, the Judgment and Order dated
31/10/2018 passed by the Metropolitan
Magistrate, 70th Court, Mazgaon, Mumbai, in
C.C. No.7001141/SS/2016 as well as the
Judgment and Order dated 20/03/2023 passed
by the Sessions Judge, Greater Mumbai, in
Criminal Appeal No.790 of 2018, are set aside.
(ii) The Applicant is acquitted.
(iii) The Applicant shall pay cost of Rs.1,00,000/- to
the Legal Services Authority of this Court within
a period of 8 weeks from today.
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(iv) The non-bailable warrant issued against the
Applicant by the Appellate Court, is set aside.
(v) Criminal Revision Application and all the
companion applications pending in this Revision
Application are disposed of.
(SARANG V. KOTWAL, J.)
