Disposed

Madhukar S/O Kalu Shirke v. Maharashtra Mantralaya and Allied Officers Co. Operative Bank Ltd. and Anr.

Bombay HC4 Apr 2013REVN/49/2013

Case brief

AI extract

What is this about?

CrR application challenging conviction for cheque dishonour. Court granted interim relief allowing payment settlement deadline without custody upon payment.

What did the court decide?

Interim protection from custody granted until 15 July 2013; deposit released to enable payment of balance sum; proceedings disposed upon full payment.

Madhukar S/O Kalu Shirke Vs Maharashtra Mantralaya and… — Cheque Dishonour | Bombay HC (2013)

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vrd 1 REVN49/13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL REVISION APPLICATION NO.49 OF 2013

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Shri Madhukar Kalu Shirke ...Applicant

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v/s

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Maharashtra Mantralaya & Allied Offices Co-op. Bank Ltd. and others

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...Respondents

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Mr Manohar Rajput for Applicant.

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Mr Santosh Singh i/b Mr Gabriel Pillai for Respondent No.1. Mr D.P. Adsule, APP for State.

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CORAM : S.C. DHARMADHIKARI, J.

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DATE : APRIL 4, 2013.

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P.C. :-

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The revision application challenges the concurrent judgment and order convicting the applicant for an offence punishable under section 138 of Negotiable Instruments Act 1881.

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When this application was placed before the learned Single Judge of this Court on 7^th March 2013, a conditional order was passed issuing notice and granting ad-interim relief in terms of prayer clause (b).

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The applicant working with the Government of Maharashtra, is a member of the Maharashtra Mantralaya and Allied Offices Co-operative Bank Ltd. The said Bank is the original complainant. It is stated that the Bank had to recover

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a loan which was duly advanced and sanctioned to the applicant and which the applicant defaulted in repayment.

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A cheque was given in repayment by the Applicant, which was presented but dishonoured and remained unpaid, that is how the complaint was filed.

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The Bank has intimated to the applicant on 12^th February 2013 that a sum of Rs.1,43,908/- is due and payable towards the loan.

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The grievance made is that proceedings under section 101 of the Maharashtra Co-operative Societies Act 1960 have been initiated and are pending. There is a monthly recovery from the sum due and payable as salary to the applicant. After the matter was argued for some time and in the presence of the applicant and the representative of the complainant, it is agreed that the Bank will accept a sum of Rs.1,00,000/- in full and final settlement of all claims either civil or criminal and thereafter close the account of the applicant. The applicant prays time till 15^th July 2013 to make the balance payment of Rs.80,000/-.

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Hence the following order :-

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A) The applicant has no objection to the respondent No.1 withdrawing the sum of Rs.20,000/- deposited in this Court with accrued interest. Let that be

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done on production of authenticated copy of this order till 15^th July 2013 and to enable the applicant to pay balance sum of Rs.80,000/- as undertaken before me, it is directed that the applicant shall not be taken into custody till 15^th July 2013.

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B) The amount if paid to the Bank will be accepted in full and final settlement of the loan account and thereafter the applicant need not surrender to custody. All civil and criminal proceedings stand disposed off.

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C) Needless to clarify that if the applicant commits default, he can be taken into custody and thereafter even the civil proceedings can be revived and disposed off in accordance with law.

Madhukar S/O Kalu Shirke v. Maharashtra Mantralaya and Allied Officers Co. Operative Bank Ltd. and Anr.

Case brief

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Madhukar S/O Kalu Shirke v. Maharashtra Mantralaya and Allied Officers Co. Operative Bank Ltd. and Anr.

Case brief

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