Allowed compounding of an offence under Section 138 of the Negotiable Instruments Act upon receipt of Rs. 20,000 and a complaint affidavit, resulting in acquittal of the applicant.
Compounding of offence and acquittal of the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.152 OF 2006
Shri Chandrakant Gangadhar Kshirsagar ..Applicant
V/s.
Shri Dayaram Motiram Pekhale & Anr. ..Respondents
----
Mr.Ramnath S.Gulve for the applicant.
Mr.Rajesh More APP for the State.
----
Coram : R.S.Mohite,J
Date : 7th April, 2006.
PC
1. Leave to amend to add prayer for compounding.
Amendment to be carried out forthwith. Affidavit of
the Complainant Dayaram Motiram Pekhale dated
7.4.2006 is taken on record.
2. In this revision a prayer has been made for
compounding the offence. The complainant has filed
an affidavit stating that he has received the amount
of Rs.20,000/- by demand draft as mentioned in the
affidavit and he has no objection if the matter is
compounded/quashed. In the circumstances, the
conviction under Section 138 of the Negotiable
Instruments Act is allowed to be compounded and the
applicant who is the original accused is acquitted.
Criminal Revision Application stands disposed of
accordingly. Authenticated copy be provided.
(R.S.Mohite,J)
1 issue framed by the court
Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded upon payment and withdrawal of complaint.
1 provisions across 1 enactments
Shri Chandrakant Gangadhar Kshirsagar
Shri Dayaram Motiram Pekhale
R.S.Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court