Applicant deposited total settlement amount in courts. Court maintained conviction under Section 138 but quashed the sentence, allowing withdrawal of deposits upon production of this order.
Conviction maintained; sentence quashed; sums deposited in this Court and Trial Court authorizable for withdrawal.
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.
1 revn.67.13.913
kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.67 OF 2013 WITH
CRIMINAL APPLICATION NO.53 OF 2013
Manohar Keval Mehta.
..Applicant
The State of Maharashtra and another.
..Respondents
Ms.Afsha Narpali i/by Mr.S.P.Narkar, for the Applicant. Mr.A.R.Patil, APP, for the Respondent/State. Mr.Bharat Joshi, for the Respondent No.2.
CORAM: S.C. DHARMADHIKARI, J.
DATE :- 05th April, 2013.
PC:
1 After issuance of notice on this matter, the Applicant has deposited in this Court a sum of Rs.2.10 lacs. A sum of Rs.70,000/- is already deposited by him in the Trial Court. Thus, in all a sum of Rs.2.80 lacs is lying in two courts.
2 The conviction and sentence is for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Both sides make a request that the present Revision Application be disposed of as the sum that has been deposited can be taken away in full and final settlement of all claims as between the Applicant and the Respondent No.2/ original Complainant.
2 revn.67.13.913
conviction for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 is maintained, but the order imposing sentence is quashed and set aside.
(b) The Respondent No.2/ original Complainant can withdraw the sums deposited in this Court and equally in the Trial Court on production of an authenticated copy of this order. The Complainant will not be required to make any other application for withdrawal of the sums in the Trial Court and equally this Court.
(c) The Criminal Revision Application is, accordingly, disposed of. In view of disposal of the Criminal Revision Application, nothing survives in the Criminal Application and it is also disposed of.
( S.C. DHARMADHIKARI, J. )
1 issue framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act can be maintained while quashing the sentence upon full settlement of claims.
1 provisions across 1 enactments
Manohar Keval Mehta
The State of Maharashtra
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
