Bombay High Court
Ganesh S/O Shyamraoji Chambhare vs Prashant Pundlikraoji Bhende on 17 January, 2024
Author: M.W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:629-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPR) NO.386 OF 2023 IN
CRIMINAL REVISION APPLICATION NO.156 OF 2022
Ganesh S/o Shyamraoji Chambhare Vs. Prashant Pundlikraoji Bhende
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri G.B. Purohit, Advocate for applicant.
Shri A.S. Dhore, Advocate for non-applicant.
CORAM : M.W. CHANDWANI, J.
DATE : JANUARY 17, 2024.
Heard.
2. The applicant seeks permission to compound the offence
punishable under section 138 of the Negotiable Instruments
Act (for short, 'N.I. Act'). Needless to mention that by the order
dated 18.11.2017 passed by the learned Judicial Magistrate
First Class, Hinganghat, District Wardha in Summary Criminal
Case No.408/2011, the applicant was convicted for the offence
punishable under section 138 of the N.I. Act and he was
directed to suffer simple imprisonment for eight months and
shall pay compensation of Rs.3,20,000/- to the non-applicant.
The applicant made an unsuccessful attempt before the learned
Additional Sessions Judge, Wardha by filing Criminal Appeal
No.81/2017, thereafter the said conviction is challenge in the
present revision application.
3. It is contended that the matter has been settled between
the parties and the compensation amount of Rs.3,20,000/- has
2 36 revn156.22.odt
already been deposited by the applicant, which will be
withdrawn by the non-applicant.
4. The learned counsel for the non-applicant confirms the
said settlement and has shown willingness to pay costs out of
the compensation to be received by him.
5. In view of this, the parties are permitted to compound
the offence. The non-applicant has agreed that he shall pay
costs of Rs.20,000/- out of cheque amount in view of judgment
of Hon'ble Supreme Court in the case of Damodar S. Prabhu
Vs. Sayed Babalal H.1
6. The application stands disposed of.
CRIMINAL REVISION APPLICATION NO.156 OF 2022
7. In view of compounding of offence, the revision is
allowed in the following terms:
8. The judgment and order dated 18.11.2017 passed by the
Judicial Magistrate First Class, Hinganghat, District Wardha in
Summary Criminal Case No.408/2011 convicting the applicant
for the offence punishable under section 138 of the Negotiable
Instruments Act is hereby quashed and set aside.
9. The applicant is acquitted for the offence punishable
under Section 138 of the Negotiable Instruments Act in
1 2010(5) SCC 663
3 36 revn156.22.odt
Summary Criminal Case No.408/2011.
10. The non-applicant shall be deposit Rs.20,000/- towards
costs to the High Court Legal Services Sub-Committee, Nagpur,
within two weeks from today.
11. The non-applicant shall be entitled to withdraw amount
of Rs.3,20,000/- alongwith accrued interest thereon, which
applicant has deposited in different Courts.
12. With this, criminal revision application stands disposed
of. Pending criminal application(s) stand(s) disposed of.
13. List the matter after two weeks for compliance.
JUDGE
Wagh
