Bombay High Court
Abdul Hameed S. Khan vs M/S. Sjlt Spinning Mill Pvt. Ltd on 12 September, 2023
Bench: S. V. Kotwal
2023:BHC-AS:26788
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.84 OF 2023
WITH
INTERIM APPLICATION NO.1294 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.84 OF 2023
WITH
INTERIM APPLICATION NO.1295 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.84 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.7001142/SS/2016 in the Court of Metropolitan Magistrate,
Nesarikar
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70th Court, Mazgaon, Mumbai. The learned Judge vide his
Judgment and Order dated 31/10/2018 convicted the Applicant
for commission of offence punishable u/s 138 of Negotiable
Instruments Act and sentenced him to suffer simple
imprisonment for three months and to pay fine of Rs.8,80,000/-
and in default to suffer further simple imprisonment for six
months. Out of the fine amount, Rs.8,60,000/-, if recovered,
were directed to be paid to the complainant/Respondent No.1
herein as compensation and rest of the fine amount was directed
to be credited to the State after the Appeal period was over. The
Applicant had challenged the said order before the learned
Session Judge, Greater Mumbai, in Criminal Appeal No.791 of
2018. The said Appeal was dismissed vide Judgment and Order
dated 20/03/2023. Thereafter the Applicant has preferred the
present Criminal Revision Application.
2. Today, both the learned counsel stated that the matter
is settled between the parties and they pray for compounding of
the offence. The Applicant as well as the authorized
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representative of the Respondent No.1 are present in the Court.
They are identified by their respective counsel. Both the parties
have submitted joint consent affidavit supported by the consent
terms. It is mentioned in the affidavit that the
complainant/Respondent No.1 has no objection if the offence is
compounded. The Applicant has stated that he has no objection
for withdrawal of the amount by the Respondent No.1, which is
deposited by the Applicant in this Court.
3. Considering the settlement arrived at between the
parties, in the interest of justice, the offence can be allowed to
be compounded. 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 somehow borrowed
money from his relatives and friends to pay to the complainant.
Therefore, some leniency may be shown in awarding the cost.
4. Considering these submissions and affidavit tendered
in the Court, I am inclined to allow the compounding of offence.
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Considering the submissions made by learned counsel for the
Applicant, leniency can be shown to the Applicant in respect of
depositing the cost.
5. Hence, the following order :
ORDER
(i) The offence is permitted to be compounded. The
Judgment and Order dated 31/10/2018 passed
by the Metropolitan Magistrate, 70th Court,
Mazgaon, Mumbai, in C.C. No.7001142/SS/2016
as well as the Judgment and Order dated
20/03/2023 passed by the Sessions Judge,
Greater Mumbai, in Criminal Appeal No.791 of
2018, are set aside.
(ii) The Applicant is acquitted.
(iii) The Respondent No.1 is permitted to withdraw
the amount which the Applicant has deposited
before this Court in connection with the present
Criminal Revision Application.
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(iv) The Applicant shall pay amount of Rs.25,000/-
to the Legal Services Authority of this Court
within a period of 8 weeks from today.
(v) The non-bailable warrant pending against the
Applicant, issued by the Appellate Court, is set
aside.
(vi) The present Criminal Revision Application and
all the companion applications pending in this
Revision Application are disposed of.
(SARANG V. KOTWAL, J.)
