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2014 DIGILAW 2351 (BOM)

Vallabh K. Varak v. Surendra Naik

2014-11-27

U.V.BAKRE

body2014
Judgment U.V. Bakre, J. 1. This revision application is directed against the judgment and order dated 30.8.2013 passed by the learned Additional Sessions Judge, FTC-II, South Goa, Margao, ("Appellate Court", for short) in Criminal Appeal No. 79/2012, by which the conviction and sentence imposed upon the petitioner, by the learned Judicial Magistrate, First Class, ("J.M.F.C." for short), by Judgment dated 31.7.2012 and 9.8.2012, in Criminal Case No. 30/OA/NI/2010/I has been maintained. The respondent No. 1 was the complainant in the said Criminal Case which was filed by him against the petitioner/accused under Section 138 of the Negotiable Instruments Act, 1881, ("N.I. Act" for short). The petitioner/accused has been held guilty of the offence under Section 138 of the N.I. Act and the accused sentenced to undergo three months simple imprisonment and to pay compensation of Rs. 2,60,000/- to the complainant and in default to undergo simple imprisonment for four months. Against the said judgment, order and sentence of the learned J.M.F.C., the said Criminal Appeal No. 79/2012 was filed by the accused and by judgment dated 30.8.2013 the said appeal was dismissed by the learned Appellate Court. It is against the said judgment of the Appellate Court that the present revision application has been filed. 2. Parties have amicably settled the matter and have today filed the application for leave to compound the offence under Section 138 of the N.I. Act, according to settlement terms as stated in the application, which are as under:- i. The Respondent No. 1 (complainant) shall be entitled to the sum of Rs. 60,000/- (Rs. sixty thousand only) deposited by the petitioner in the Sessions Court at Margao, in CRIA No. 79/2012 FTC 2 together with accrued interest thereon if any. ii. The Respondent No. 1 (complainant) shall also be entitled to the sum of Rs. 2,00,000/- (Rs. two lakhs only.) deposited by the Petitioner before this Hon'ble Court in CRIR 27/2013, together with accrued interest if any. iii. The Petitioner agrees to pay to the Respondent a sum of Rs. 20,000/- (Rs. twenty thousand only) on or before 5th December, 2014 in final settlement of the claim towards this proceedings, which is acceptable to the respondent No. 1 (complainant). iv. In view of the above, parties desire to compound the offence. 3. Parties as well as their learned Advocate have signed the said terms of settlement before this Court. 20,000/- (Rs. twenty thousand only) on or before 5th December, 2014 in final settlement of the claim towards this proceedings, which is acceptable to the respondent No. 1 (complainant). iv. In view of the above, parties desire to compound the offence. 3. Parties as well as their learned Advocate have signed the said terms of settlement before this Court. Besides above, this Court confirmed orally from the parties that they are aware of the terms of settlement and that they have fully understood the same and are acceptable to them. 4. In view of the above, the terms of settlement as stated above are accepted. Leave is granted to the parties to compound the offence. 5. In the result, the judgment and order dated 30.8.2013 passed by the learned Appellate Court in Criminal Appeal No. 79/2012 and the judgment, order and sentence passed by the learned J.M.F.C. in Criminal Case No. 30/OA/NI/2010/I are quashed and set aside. Matter stands compounded by the parties and the petitioner stands acquitted of the offence under Section 138 of N.I. Act, as a result of said composition, upon the terms as accepted. Revision Application stands disposed of accordingly. Disposed off.