2009(1) Bankmann 117 (Bom.)
BOMBAY HIGH COURT
A.P. Deshpande, J.
M/s Vitesse Connections
and Anr. —Petitioners
versus
Kantilal Chhogalal Soni
and Anr. —Respondents
Criminal Application No. 3405 of 2007
Decided on 20.11.2007
Counsel for the Parties:
For the Petitioners:Shri I.B. Singh, Advocate.
For the Respondents: Ms. S.V. Gajare, APP.
Headnote:Criminal Procedure Code, 1973—Section 320—Negotiable Instruments Act, 1881—Section 238—Compounding of case—Applicant convicted, sentenced to one month SI fine of Rs. 5,000 and directed to pay compensation of Rs. 1,50,000—Resolved dispute out of court—Sought permission to compound the offence—Application seeking leave to appeal disposed of as per consent terms placed on record. (Para 2)
Result: Order Accordingly.
A.P. Deshpande, J.—The present applicant Smt. Rama Garg has been convicted of an offence punishable under Section 138 of Negotiable Instruments Act and has been ordered to suffer Simple Imprisonment for one month and to pay fine of Rs. 5,000, in default to suffer further S.I for one month. In addition, the applicant/accused is directed to pay compensation of Rs. l,50,000 to the complainant. The judgment and order passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai dated 26.9.05 has been confirmed by the dismissal of appeal, by the Court of Sessions and against the said appellate order, the present application has been moved seeking leave to file an appeal.
2. During pendency of these proceedings, both the parties have resolved the dispute by entering into a settlement out of the court. The learned counsel appearing for the respondent no.1/complainant admits that the complainant has received a sum of Rs.1,50,000 which was directed to be paid by way of compensation, though the said fact is not mentioned in the Consent Terms. In view of the settlement of the dispute, Consent Terms are placed on record and a joint prayer is made for disposal of the matter in Consent Terms. The parties have also moved an application seeking permission to compound the offence. The application seeking permission to compound the offence is allowed and disposed of. The application seeking leave to file appeal stands disposed of in (terms of) Consent Terms.
Order Accordingly.
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