Case Note & Summary
The petitioner, Lalita Kamal Vyas, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 6th September 2017 passed by the Metropolitan Magistrate, 48th Court, Andheri, Mumbai in C.C. No. 4158/SS/2017, and an order dated 19th January 2019 passed by the Sessions Court, Mumbai in Criminal Revision Application No. 1100 of 2018. The petitioner sought to set aside these orders. During the proceedings, the parties informed the court that they had resolved their dispute. The petitioner's counsel tendered a memorandum of understanding/consent terms dated 1st October 2019, which was taken on record. The respondent No. 2, Gordhan J. Sonani, filed an affidavit stating that he had no grievance against the petitioner. Both counsel jointly prayed that the petition be allowed and disposed of in light of the settlement. Respondent No. 2 was personally present in court and confirmed the settlement. The court, taking into consideration the affidavit and the consent terms, allowed the petition and set aside the impugned orders. The court did not elaborate on the underlying facts of the case, as the matter was disposed of based on the settlement.
Headnote
A) Criminal Law - Cheque Dishonour - Settlement and Compounding - Negotiable Instruments Act, 1881, Section 138 - The petitioner was convicted under Section 138 of the Negotiable Instruments Act. The parties subsequently settled the dispute and the complainant filed an affidavit stating no grievance. The High Court, considering the settlement and consent terms, set aside the conviction and the revisional order, allowing the writ petition. (Paras 1-6)
Issue of Consideration
Whether the impugned orders of conviction and revision should be set aside in light of the settlement between the parties.
Final Decision
The court allowed the petition and set aside the impugned order dated 6th September 2017 passed by the Metropolitan Magistrate, 48th Court, Andheri, Mumbai in C.C. No. 4158/SS/2017 and the order dated 19th January 2019 passed by the Sessions Court, Mumbai in Criminal Revision Application No. 1100 of 2018.
Law Points
- Settlement between parties in cheque dishonour case
- compounding of offence
- quashing of conviction on settlement
