Disposed¶31

Pravin Vishnu Jagtap v. Nandkishore @ Nandram Satvaji Shame

Bombay HC13 Mar 2025REVN/10/2025

Case brief

AI extract

What is this about?

Compounding of offence under Section 138 Negotiable Instruments Act upon amicable settlement; cheque dishonour conviction set aside on settlement; payment of Rs.4,45,000/- to complainant; acquittal and discharge of bail bonds in revision; Bombay High Court, Aurangabad Bench (neutral citation 2025:BHC-AUG:7569); Criminal Revision Application Nos. 297 and 298 of 2024; Criminal Appeals Nos. 117 and 118 of 2023; S.C.C. Nos. 3828 and 3829 of 2022; disposal of connected revisions and applications as settled.

What did the court decide?

Leave to compound the offence granted; conviction and sentence under Section 138 NI Act (dated 25.05.2023, confirmed on 23.10.2024) set aside; applicant acquitted and bail bonds discharged; connected revisions and applications disposed of as settled. ¶31

Pravin Vishnu Jagtap Vs Nandkishore @ Nandram Satvaji Shame — Cheque Dishonour | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, upon amicable settlement and payment of Rs.4,45,000/- to the complainant, the criminal revision applications against conviction under Section 138 NI Act should be disposed of by granting leave to compound the offence.

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Court's answer

Leave to compound the offence is granted.

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Ratio / Principle

In view of the settlement, the conviction of the revisionist under Section 138 NI Act and the sentence imposed by orders dated 25.05.2023 (as confirmed by the Additional Sessions Judge on 23.10.2024) are set aside.

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Key takeaways

The applicant stands acquitted of the offence under Section 138 NI Act in both cases, and his bail bonds are discharged.ratio¶35
The connected Criminal Revision Application Nos. 09 of 2025 and 10 of 2025 and Criminal Application Nos. 4458 of 2024 and 4459 of 2024 are also disposed of in view of the settlement.ratio¶38-40

Detailed headnote1 paragraphs

Criminal Revision Applications (with connected revisions and applications) against conviction under Section 138 of the Negotiable Instruments Act, 1881 — conviction recorded on 25.05.2023 by Chief Judicial Magistrate, Court No.14, Aurangabad in S.C.C. Nos. 3828 and 3829 of 2022, confirmed on 23.10.2024 by Additional Sessions Judge, Court No.7, Aurangabad in Criminal Appeal Nos. 117 and 118 of 2023 — during pendency, parties amicably settled; complainant agreed to compounding on payment of Rs.4,45,000/-, which was transferred online and received, with proof placed on record — leave to compound the offence granted; conviction and sentence set aside; applicant acquitted and bail bonds discharged; connected matters disposed of as settled (Abhay S. Waghwase, J.; decision dated 13 March 2025).

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2025:BHC-AUG:7569

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966-REVN-297-24 (+).odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL REVISION APPLICATION

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CRIMINAL REVISION APPLICATION NO. 297 OF 2024 WITH

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CRIMINAL REVISION APPLICATION NO. 9 OF 2025 WITH

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CRIMINAL APPLICATION NO. 4458 OF 2024 IN REVN/297/2024

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Nandkishore Alias Nandram Satvaji Shame VERSUS

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Bhimraj Sheshmal Bhansali

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967 CRIMINAL REVISION APPLICATION NO. 298 OF 2024

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WITH

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CRIMINAL REVISION APPLICATION NO. 10 OF 2025 WITH

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CRIMINAL APPLICATION NO. 4459 OF 2024 IN REVN/298/2024

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Nandkishore @ Nandram Satvaji Shame

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VERSUS

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Pravin Vishnu Jagtap And Another

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Mr. Nilesh N. Bhagwat, Advocate for Applicant-accused. Mr. S.M.Agrawal and Mr. P.F. Patne, Advocates for Respondent No.1-Complainant Mr. C.V. Bhadane, APP for Respondent No.2 – State

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CORAM : ABHAY S. WAGHWASE, J. DATED : 13 MARCH 2025

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PER COURT :-

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In these revisions, exception has been taken to the

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judgment and orders dated 23.10.2024 passed by learned Additional Sessions Judge, Court No.7, Auranagabad in Criminal Appeal Nos. 117 of 2023 and 118 of 2023, arising out of the judgment and orders dated 25.05.2023 passed by learned Chief

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966-REVN-297-24 (+).odt

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Judicial Magistrate, Court No.14, Aurangabad in S.C.C. Nos. 3828 of 2022 and 3829 of 2022, respectively, recording guilt of the revisionist for offence under Section 138 of the Negotiable Instruments Act, 1881.

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Last time, submission was made that matter is likely to be settled. Learned counsel for respondent-original complainant had pointed out that amount of Rs.4,45,000/- if paid, then he has no objection to compounding the offence.

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Today, learned counsel for revisionist his clients is present today and submitted that, above amount would be transferred online, today itself. Therefore, considering such submission, matter was kept back.

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In the afternoon sessions, both the learned counsel along with their respective clients are present in the Court, and they have made a statement across the bar that amount of Rs.4,45,000/- has been transferred and the original complainant has received the said amount. They submit that matter is amicably settled and respondent has no grievance. Copies of the transfer of the amount by the applicant-accused, and a copy of the message confirming receipt of the amount, have also been placed on record.

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966-REVN-297-24 (+).odt

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In view of the above, the criminal revision applications are required to be disposed of as settled. Hence, the following order :

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ORDER

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(i) Leave to compound the offence is granted.

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(ii) In view of settlement, the conviction of the revisionist for offence under Section 138 of the Negotiable Instruments Act, 1881, and the sentence imposed upon him vide orders dated 25.05.2023 passed by learned J.M.F.C., Court No.14, Auranabad in S.C.C. No.3828 of 2022 and S.C.C. 3829 of 2022, and as confirmed by the learned Additional Sessions Judge, Court No.7, Aurangabad in Criminal Appeal No. 117 of 2023 and Criminal Appeal No.118 of 2023 by judgment and orders dated 23.10.2024, respectively, are set aside.

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(iii) In both the cases, the applicant stands acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881. His bail bonds are discharged.

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966-REVN-297-24 (+).odt

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