High Court quashed conviction under Section 138 NI Act and acquitted applicant upon amicable settlement and consent terms filed by legal heirs of the offended party.
Conviction under Section 138 of the Negotiable Instruments Act quashed; applicant acquitted; criminal revision application allowed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION No. 3 OF 2002
| Shaligram Shankar Bendale Vs. |
...Applicant |
|---|---|
| State of Maharashtra and Anr. | …Respondents |
Mr.Siddesh Pilankar i/b. Uday P. Warunjikar for Applicant Mr. A.B. Borwankar for Respondent No.2 Mr. S.S. Pednekar APP for State
CORAM : PRAKASH D. NAIK, J. DATE : 16 JANUARY, 2018.
P.C. :-
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parties has been disposed of on account of the settlement between the parties. The consent terms were filed in the Writ Petition No. 8088 of 2006 preferred by the Accused. The xerox copy of the said consent terms is tendered in the Court. In paragraph 2 of the said consent terms, it is stated that the legal heirs of Respondent No.2 viz. Smt. Kamal Vasant Kalbhor and Sameer Vasant Kalbhor had undertaken to withdraw all the civil / criminal proceedings filed against the accused. It is further stated that the Accused had agreed to withdraw the Criminal Revision Nos.2 of 2002, 3 of 2002 and 4 of 2002, which are pending in this Court.
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ORDER
(i) The impugned judgment and order dated 27.10.1998 passed by the Learned JMFC, Court No.5, Pune convicting the Applicant for an offence punishable under Section 138 of the Negotiable Instruments Act as well as the judgment and order dated 31st December, 2001 passed by the Sessions Court at Pune in Criminal Appeal No. 164 of 1990 are quashed and set aside by compounding the offence punishable under section 138 of the Negotiable Instruments Act in accordance with the consent terms and the Applicant is acquitted of the said offence.
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(ii) Criminal Revision Application No. 3 of 2002 stands
disposed of.
[PRAKASH D. NAIK, J.]
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2 issues framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act can be quashed upon amicable settlement and consent to compound the offence.
Whether the applicant is entitled to be acquitted based on the settlement with the legal heirs of the offended party.
1 provisions across 1 enactments
Shaligram Shankar Bendale
State of Maharashtra
Kamal Vasant Kalbhor
Sameer Vasant Kalbhor
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
