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Bombay High Court

DHIREN THAKORBHAI PATELversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the offence under Section 138 is compoundable under Section 147 and allowed the revision, resulting in the applicant's acquittal.

Summary

The applicant, Dhiren Thakorbhai Patel, filed a criminal revision seeking relief from a conviction under Section 138 of the Negotiable Instruments Act. Both parties presented a settlement agreement (Consent Terms) confirming an amicable resolution. The court examined the consent and, noting the parties' agreement, allowed the revision. It held that the offence under Section 138 is compoundable under Section 147 of the same Act. Consequently, the offence was compounded and the applicant was acquitted.

Issues considered

  • Whether the offence under Section 138 of the Negotiable Instruments Act is compoundable under Section 147 of the same Act
  • Whether the revision application is maintainable in view of the parties' settlement

Legislation cited

Subjects

  • Negotiable Instruments Act
  • Section 138
  • Section 147
  • compounding of offences
  • criminal revision
  • settlement
  • acquittal

Judgment

                                                                                        31-REVN-386-2024 (CR).doc


                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL REVISION APPLICATION NO. 386 OF 2024

                                   Dhiren Thakorbhai Patel                                   ...Applicant
                                   VERSUS
                                   State Of Maharashtra & Anr.                               ...Respondents

                                   _________________________________________________________________

SONALI by
          Digitally signed
          SONALI
                                   Mr. Sunil D’Souza a/w. Mr. Hardik Jain i/b. A.V.Jain Associates, Advocate
SATISH Date:
       SATISH KILAJE


KILAJE 2026.08.24
       10:59:29 +0530
                                   for Applicant.
                                   Mr. S.R.Agarkar, APP for the Respondent-State.
                                   Mr. Rajkumar Mishra i/b. Ms. Shakti Deengar, Advocate for Respondent
                                   No.2.
                                   _________________________________________________________________

                                                                      CORAM         :   SHIVKUMAR DIGE, J.
                                                                      DATE          :   20th AUGUST, 2026.
                                   P.C. :

                                   1.         Heard learned counsel for the applicant, learned APP for the

                                   State and learned counsel for respondent No.2.

                                   2.         All the learned counsel submit that the matter has been

                                   amicably settled between the parties out of the Court. They have tendered

                                   the Consent Terms. It is taken on record and marked “X” for identification.

                                   3.         Mr. Dhinren Patel, Applicant and Mr.Kinjan Vasant, Respondent

                                   No.2 are present in Court. This Court enquired with them. Both of them

                                   have confirmed and agreed on the terms mentioned in the Consent Terms

                                   and have acknowledged their respective signatures thereon.

                                   4.         In view of the submissions of both the learned counsel and

                                                                   Page 1 of 2
                                                         31-REVN-386-2024 (CR).doc


S.S.Kilaje


      tendered Consent Terms, I pass following order :



                                     ORDER

   (i)       The Revision Application is allowed and disposed of.

   (ii)      The offence under Section 138 of the Negotiable Instrument Act,

             1881 is compounded under Section 147 of the said Act.

             Consequently, the applicant stands acquitted.




                                                    (SHIVKUMAR DIGE, J.)




                                      Page 2 of 2


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