High Court allowed compounding of Section 138 offence after complainant affidavit confirmed receipt of demanded amount and no objection to quashing; acquitted original accused.
Accused acquitted by allowing compounding of the offence under Section 138 of the Negotiable Instruments Act.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.153 OF 2006
Shri Chandrakant Gangadhar Kshirsagar ..Applicant
V/s.
Shri Dayaram Motiram Pekhale & Anr. ..Respondents
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Mr.Ramnath S.Gulve for the applicant.
Mr.P.M.Hingorani APP for the State.
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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.21,900/- 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 receipt of the demanded amount and waiver of objection by the complainant.
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