Held that criminal proceedings under Section 138 NI Act are quashed upon deposit of Rs.10 lacs in civil suit, subject to contentions on debt remaining open.
Complaint No.17789/2012 quashed and set aside upon deposit of Rs.10 lacs; contentions on debt kept open.
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apl.104.13.904
1
kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.104 OF 2013
Smita Suhas Rhurkar.
..Applicant
Prakash Sumant Chimburkar and another. ..Respondents
Mr.S.V.Marwadi i/by Ms.Prabha Badadare, for the Applicant. Mr.Sandeep Karnik, for the Respondent No.1. Mr.Rajesh More, APP, for the Respondent/State.
CORAM: S.C. DHARMADHIKARI, J.
DATE :- 05th April, 2013.
PC:
1 Heard both sides. The order that is challenged in this Criminal Application is issuing the process on the complaint under Section 138 of the Negotiable Instruments Act, 1881. The Complaint No.17789/2012 is pending before the learned Judicial Magistrate First Class, Thane.
2 After hearing both sides and upon scrutiny of the allegations in the complaint, by consent the following order is passed:-
(a) The Applicant/accused shall deposit in the City Civil Court, Mumbai in Civil Suit being Summary Suit No.103193/2012, a sum of Rs.10 lacs within a period of 10 (ten) weeks from today.
(b) If the amount is deposited, as directed in clause (a) above, the proceedings in the Criminal Complaint No.17789/2012 before the learned Judicial Magistrate First Class, Thane to stand quashed and set
2
apl.104.13.904
aside, but with a clarification that all contentions of both sides in relation to the debt or liability are kept open.
(c) If there is default in complying with this direction, then, the present Criminal Application to stand dismissed without any further reference to the Court and thereupon, the order issuing the process in the Criminal Complaint is not interfered with and the said complaint can proceed in accordance with law.
(d) All this is subject to the contentions of parties on merits of the case being kept open and equally with regard to the liability.
(e) The Criminal Application is disposed of in these terms.
( S.C. DHARMADHIKARI, J. )
1 issue framed by the court
whether criminal proceedings under Section 138 of the Negotiable Instruments Act can be quashed upon deposit of the secured amount with a clarification that contentions on debt are kept open
1 provisions across 1 enactments
Smita Suhas Rhurkar
Prakash Sumant Chimburkar
S.C. Dharadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
