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2011 DIGILAW 692 (SC)

Saroj Pande v. Grasim Cement Prop. G. C. Indus. Ltd.

2011-05-10

H.L.GOKHALE, J.M.PANCHAL

body2011
JUDGMENT : Leave granted. 2. This appeal by grant of special leave is directed against judgment dated 20.4.2010 rendered by the learned Single Judge of the High Court of Chhattisgarh at Bilaspur in Crl. Revision No.264 of 2001 by which judgment dated 27.4.2001 passed by the learned 6th Addl Sessions Judge, Raipur in Crl Appeal No.222/2000 upholding the judgment dated 5.10.2000 rendered by learned Chief Judicial Magistrate, Raipur, M. P. in Criminal Case No.3836/1998 convicting the appellant under Section 138 of the Negotiable Instruments Act and sentencing him to rigorous imprisonment for a period of six months with fine of Rs. 1,30,000/- in default rigorous imprisonment for two months, is confirmed. 3. The Special Leave Petition, from which the appeal has arisen was placed before the Court for preliminary hearing on 20.8.2010 and after hearing the learned counsel for the petitioner, following order was passed: "This Court does not find any substance in the petition. The learned counsel for the petitioner states that if the petitioner is ready to pay the amount due to the respondent, notice may be issued, so that the offence can be compounded and in order to ascertain whether the petitioner is ready and willing to pay a sum of Rs. 1,30,000/- to the respondent, the matter be adjourned by two weeks. The prayer is accepted and it is ordered accordingly." 4. The appellant had accordingly deposited a sum of Rs. 1,30,000/- on 14.9.2010 (out of which Rs. 10,000/- is given to Supreme Court Legal Services Committee). Thereafter, the matter was further heard on 4.2.2011 and following order was passed- "This Court has heard the learned counsel for the parties. The learned counsel for the respondent i.e. original complainant contends that the petitioner having utilised sum of Rs. 1,30,000/- for 12 years, he should be directed to pay interest thereon at reasonable rate. The learned counsel for the petitioner argues that the petitioner being poor, the Court may direct her to pay interest at the rate of 6% per annum. Having regard to the facts of the case, the petitioner is directed to pay interest @ 10% on the amount due. On the request of learned counsel for the petitioner, time of six weeks is granted to the petitioner to enable her to make deposit of the amount of interest with the Registry of the Supreme Court." 5. Having regard to the facts of the case, the petitioner is directed to pay interest @ 10% on the amount due. On the request of learned counsel for the petitioner, time of six weeks is granted to the petitioner to enable her to make deposit of the amount of interest with the Registry of the Supreme Court." 5. The office report dated 9.5.2011 mentions that the appellant has deposited a sum of Rs. 1,44,000/- on 21.4.2011. The fact that above-mentions sums have been deposited by the appellant is not disputed by the learned counsel for the respondent. The learned counsel for the respondent/complainant states that as the appellant has deposited the amount with the Registry, the respondent may be permitted to compound the offence with the appellant. 6. Having regard to the facts of the case, permission to compound the offence punishable under Section 138 of the Negotiable Instruments Act is granted to the respondent. The judgments dated 20.4.2010 rendered by the learned Single Judge of the High Court of Chhattisgarh at Bilaspur in Crl. Revision No.264 of 2001 by which the judgment dated 27.4.2001 passed by the learned 6th Addl Sessions Judge, Raipur in Crl Appeal No.222/2000 upholding the judgment dated 5.10.2000 rendered by learned Chief Judicial Magistrate, Raipur, M.P. in Criminal Case No.3836/1998 convicting the appellant under Section 138 of the Negotiable Instruments Act and sentencing him to rigorous imprisonment for 6 months and fine of Rs. 1,30,000/- in default rigorous imprisonment for two months, is confirmed, are hereby set aside. The respondent is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. The amount of Rs. 2,64,000/- deposited by the appellant be handed over to the respondent after due verification by the Registry. 7. The appeal accordingly stands disposed of. Order accordingly.