Allowed

Shabbir Khan Habib Khan Pathan v. Vishwakalyan Urban Co-Op. Credit Society Ltd. Aurangabad through Manager Damodar Sampatrao Dabhade

Bombay HC6 Nov 2023REVN/26/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision application and quashed convictions under Section 138 of the Negotiable Instruments Act. The court permitted the parties to compound the offence after recording an amicable settlement and issuance of a No Dues Certificate, leading to the acquittal of the applicant.

What did the court decide?

The criminal revision application was allowed; the impugned conviction order was quashed; the applicant was acquitted under Section 255 CrPC; bail bonds were cancelled and surety discharged.

Shabbir Khan Habib Khan Pathan Vs Vishwakalyan Urban Co-Op… — Cheque Dishonour | Bombay HC (2023)

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3-revn-26-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.26 OF 2023

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SHABBIR KHAN HABIB KHAN PATHAN

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VERSUS

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VISHWAKALYAN URBAN CO-OP. CREDIT SOCIETY LTD. AURANGABAD THROUGH MANAGER DAMODARSAMPATRAO DABHADE

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Ms. Falguni M. Kulkarni h/f Mr. C. C. Deshpande, Advocate for the Applicant.

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Mr. V. G. Jahagirdar, Advocate for Respondent No..

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CORAM : S. G. CHAPALGAONKAR, J. DATED : 06^th NOVEMBER, 2023.

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PER COURT:-

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Heard the learned Advocate appearing for the respective parties.

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The present Revision Application impugns judgment and order of conviction under Section 138 of the Negotiable Instrument Act in Summary Criminal Case No.8420/2014 passed by the Judicial Magistrate First Class, Aurangabad as well as order in appeal passed by the learned Additional Sessions Judge in Criminal Appeal No.18/2020, thereby confirming conviction and sentence.

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On 02.11.2023 the submission was advanced that the parties have arrived at amicable settlement. The applicant has deposited the amount to the satisfaction of the complainantCredit Society, whol has issued No Dues Certificate. The parties have also placed on record the terms of settlement. Accordingly they were relegated to the learned Registrar (Judicial) of this Court for verification of the terms of settlement. The report dated 06.11.2023 of the learned Registrar (Judicial) of this Court is

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3-revn-26-2023.odt

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(2)

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received. The terms of settlement are taken on record and marked ‘X’ for identification. The parties alongwith their learned Advocates presented themselves before the learned Registrar (Judicial) of this Court and accepted the terms of settlement. It is, therefore, evident that the parties have settled the dispute. The terms are duly signed by the respective parties and admitted to be true and correct. It bears the seal of Credit Society. Hence, following order:

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ORDER

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a. Criminal Revision Application is allowed.

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b. The parties are permitted to compound the offence punishable under Section 138 of the Negotiable Instrument Act.

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c. The impugned order dated 07.01.2020 passed by the Judicial Magistrate First Class, Aurangabad in Summary Criminal Case No.8420/2014 and confirmed by the learned Additional Sessions Judge, Aurangabad in Criminal Appeal No.18/2020 dated 18.01.2023, is hereby quashed and set aside.

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d. The applicant/accused is acquitted under Section 255 of the Criminal Procedure Code for the offence punishable under Section 138 of the Negotiable Instrument Act.

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e. The bail bonds of the accused stand cancelled. The surety stands discharged.

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f. Criminal Revision Application is disposed of.

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(S. G. CHAPALGAONKAR) JUDGE

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Devendra/November-2023

Shabbir Khan Habib Khan Pathan v. Vishwakalyan Urban Co-Op. Credit Society Ltd. Aurangabad through Manager Damodar Sampatrao Dabhade

Case brief

What is this about?

What did the court decide?

Shabbir Khan Habib Khan Pathan v. Vishwakalyan Urban Co-Op. Credit Society Ltd. Aurangabad through Manager Damodar Sampatrao Dabhade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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