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
- Negotiable Instruments Act, 1881 — s. 138, 147
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
Checking your session…