Shyam Bai vs Madanlaal

S.R. Waghmare, J.—The petitioner has challenged the order dated 26.04.2013 passed by VII ASJ, Ujjain in criminal appeal No. 45/2013 dismissing the appeal and upholding the judgment of the trial Court convicting the accused for offence u/S. 138 Negotiable Instrument Act and sentencing him to undergo six month R.I. with fine of Rs. 1,75,000/- to be paid on or before 10.10.2013 and in case of default he had to undergo two months S.I.

Counsel submits that he does not pressing the petition since the petitioner has already deposited the amount of Rs. 1,75,000/- in the trial Court and he has produced the original receipts dated 15.01.2014 and 15.02.2013 along with photocopies before this Court. Counsel submitted that however direction may be issued to the trial Court to quash the proceeding since the payment has been made in the trial Court.

Considering the above, I find that the offence is compoundable u/S. 147 of the N.I. Act, moreover the receipt dated 15.01.2014 indicates that it is only recently the accused petitioner has paid the amount in the trial Court after filing of this petition, the receipts have been produced before this Court. In view of the above, the petition can disposed off with a directions:-

1) The matter is remanded back to the trial Court and the record be sent back immediately.

2) The respondent is permitted to withdraw the amount so deposited by the petitioner in the Trial Court.

3) The Trial Court to decide the question whether the respondent is entitled to interest, if any (considering the fact that the revision had been filed against the conviction) on merits of the case.

4) The entire exercise be carried out within a month from today.

With the aforesaid observations and directions the revision petition is partly allowed in limine to the extent here-in-above indicated, without notice to the other side.

A copy of the order be sent to the concerned Trial Court for compliance.