Bombay High Court
M/S Maheshkumar Narayandas And Another vs Narayandas Lekhumal Parwani And ... on 22 February, 2018
Author: V. M. Deshpande
Bench: V. M. Deshpande
1 APPR71.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPR) NO. 71 OF 2018
IN / AND
CRIMINAL REVISION APPLICATION NO. 16 OF 2014
APPLICANTS : 1] M/s Maheshkumar Narayandas,
Walgaon Road, Amravati.
2] Maheshkumar Narayandas @ Naumal Batra
Aged 44 years, Occupation - Business,
R/o Kanwar Nagar, Amravati
VERSUS
NON-APPLICANTS : 1] Narayandas S/o Lekhumal Parwani,
Aged about 76 years, Occu. LIC Agent,
R/o Rampuri camp, Amravati.
2] State of Maharashtra
through D.G.P. Office, Amravati
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Shri P. V. Navlani, Advocate for the applicants.
Shri Kamal Satuja, Advocate for the non-applicant no.1.
Mr. N. B. Jawade, A.P.P. for non-applicant no.2/State
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CORAM : V. M. DESHPANDE, J.
DATE : FEBRUARY 22, 2018
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.
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2 APPR71.18.odt
2. Heard Mr. Navlani, the learned counsel for the applicants, Mr. Satuja, the learned counsel for the non-applicant no.1 and Mr. Jawade, the learned Additional Public Prosecutor for non- applicant no.2/State.
3. This is an application for compounding of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for the sake of brevity). This application is signed and affirmed by applicant no.2 - Maheshkumar Naryandas @ Naumal Batra and non-applicant no.1 - Narayandas Lekhumal Parwani. The application is also duly signed by their respective learned counsel Shri Navlani and Mr. Satuja.
4. Non-applicant no.1 - Narayandas Lekhumal Parwani in this application is the original complainant. A cheque was issued in his favour by the applicants for an amount of Rs.50,000/- in discharge of the legal debt. The non-applicant no.1/complainant deposited the said cheque with his banker, however, the said cheque was dishonoured by the bankers of the applicants on the ground "Funds Insufficient". After giving statutory notice, a complaint was filed by the non-applicant no.1 against the applicants herein for the ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 ::: 3 APPR71.18.odt offence punishable under Section 138 of the N.I. Act. The said complaint was registered as Summary Criminal Complaint Case No. 1562/2008. The learned Judicial Magistrate, First Class, Court No.1, Amravati by the judgment and order dated 12.07.2011, convicted the applicants for the offence punishable under Section 138 of the N.I.Act and directed to suffer one month's simple imprisonment and pay compensation of Rs.70,000/- to the complainant/non-applicant no.1 herein.
5. Feeling aggrieved thereby, Criminal Appeal bearing No. 113/2011 was filed by the present applicants before the Sessions Court at Amravati. The said appeal was allotted to the file of learned Additional Sessions Judge-4, Amravati and the learned lower Appellate Court by the judgment and order dated 17.01.2014 dismissed the appeal and applicant no.2 - Maheshkukmar Batra was taken in custody.
6. The applicants thereafter preferred revision i.e. Criminal Revision Application No. 16/2014 before this Court. On 24.1.2014, this Court (Coram : Prasanna B. Varale, J.) suspended the substantive jail sentence of the applicants and thereafter the matter ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 ::: 4 APPR71.18.odt is pending from 2014 for admission.
7. During the pendency of this revision, the applicants/ original accused and non-applicant no.1/original complainant have amicably settled their dispute. As per their amicable settlement, the applicants agreed to pay Rs.85,000/- to the non-applicant no.1/ original complainant. It is stated in the application (APPR No.71/2018) for compounding of offence that the applicants have already deposited an amount of Rs.15,000/- before the lower Appellate Court. It is also stated by the applicants on affidavit that applicant no.2 Maheshkumar Batra will have no objection for withdrawal by the non-applicant no.1 the amount of Rs.15,000/-, deposited before the learned lower Appellate Court.
8. Applicant no.2 Maheshkumar Batra and non-applicant no.1- Narayandas Lekhumal Parwani are personally present in the Court today. They are identified by their respective counsel Shri Navlani and Shri Satuja.
9. Non-applicant no.1 - Narayandas Parwani has stated that he has agreed to receive the amount of Rs.70,000/- within a ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 ::: 5 APPR71.18.odt period of 15 days from today from applicant no.2 Maheshkumar Batra by Demand Draft.
10. Applicant no.2 - Maheshkumar Batra has specifically stated and assured to this Court that within a period of 15 days, he shall pay Rs.70,000/- by demand draft to non-applicant no.1 - Narayandas Parwani. His assurance is taken as an undertaking to this Court. If the amount of Rs.70,000/- is not paid for any reason within a period of 15 days from today as agreed, then the applicant no.2 Maheshkumar Batra will be liable for the proceedings of Contempt of Court apart from the fact that he is liable to serve the jail sentence for the offence punishable under Section 138 of the N.I. Act.
11. The offence punishable under Section 138 of the N.I. Act is compoundable in view of the provisions of Section 147 of the N.I. Act. Since both the parties have agreed to compound the offence, I permit the parties to compound the offence. Consequently, I pass the following order :
ORDER 1] Criminal Application (APPR) No.71/2018 is allowed. ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 :::
6 APPR71.18.odt 2] In view of the order passed in APPR No.71/2018, Criminal Revision Application No. 16/2014 stands disposed of permitting the parties to this revision application for compounding of the offence on following terms :
i] The judgment and order of conviction passed by the the learned Judicial Magistrate, First Class, Court No.1, Amravati dated 12.07.2011 in Summary Criminal Complaint Case No. 1562/2008 together with the judgment and order passed by the learned Additional Sessions Judge-4, Amravati in Criminal Appeal No. 113/2011, dated 17.01.2014, are hereby quashed and set aside in view of compounding of the offence.
ii] Applicant no.2 - Maheshkmar Batra shall pay Rs.70,000/- by Demand Draft within a period of fifteen days from today to non-applicant no.1 - Narayandas Parwani.
iii] Non-applicant no.1 - Narayandas Parwani is hereby permitted to withdraw Rs.15,000/- deposited by the applicants before the learned lower Appellate ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 ::: 7 APPR71.18.odt Court and the applicants shall not raise objection for withdrawal of the said amount by the non-
applicant no.1.
iv] If the amount of Rs.70,000/- and Rs.15,000/- are not received by the present non-applicant no.1 Narayandas Parwani for any reason whatsoever, then in that event, the orders passed by both the Courts below convicting the applicants, shall automatically revive and the present revision will be treated as dismissed one.
v] In addition to the aforesaid, the applicant no.1 -
M/s Maheshkumar Narayandas will also be held responsible for committing the contempt of this Court and in that event, the only question of sentence will be decided lateron.
3] With these observations, APPR No.71/2018 and Criminal Revision No. 16/2014 are disposed of. Rule is made absolute accordingly. No costs.
JUDGE Diwale ::: Uploaded on - 23/02/2018 ::: Downloaded on - 26/02/2018 01:34:25 :::