LAWS(BOM)-2019-4-206

RAHUL KISAN KHANDE Vs. SAMIR SALIM SHAIKH

Decided On April 02, 2019
Rahul Kisan Khande Appellant
V/S
Samir Salim Shaikh Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. The present Criminal Application is taken up for final hearing on merit with the consent of both sides.

(2.) The applicant, by invoking remedy under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C."), preferred present Criminal Application seeking relief to quash and set aside the impugned Order (below Exhibit-1) dated 22-11-2018, passed by learned Additional Sessions Judge, Kopargaon, in the proceeding bearing Criminal Appeal No. 46 of 2018, thereby directing the applicant to deposit amount of Rs. 2,00,000/- (Rs. Two Lakhs Only) towards part of compensation awarded by the learned Magistrate, First Class, Rahata, District Ahmednagar, by the next date.

(3.) The applicant was the accused in private complaint bearing Summary Criminal Case No. 1294 of 2015 filed under Section 138 of the Negotiable Instruments Act, 1881 ( for short "NI Act"). The respondent-original complainant initiated penal proceedings against the applicant for the charge of dishonour of cheque. The respondent-complainant, in order to bring home the guilt of applicant-accused, adduced evidence on record. The learned Magistrate appreciated the evidence and held applicantaccused guilty for the offence punishable under Section 138 of the NI Act. Learned Magistrate sentenced the applicant-accused to suffer simple imprisonment for one year and to deposit an amount of Rs. 6,50,000/- (Rs. Six Lakhs Fifty Thousands Only) in the Court, within a period of 30 days, from the date of order, towards compensation as prescribed under Section 357 of Cr.P.C.