IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 819 OF 2006. APPLICATION NO. 819 OF 2006. APPLICATION NO. 819 OF 2006. IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3111 OF 2006. APPLICATION NO.3111 OF 2006. APPLICATION NO.3111 OF 2006. Parni Securities Ltd. ... Applicant. Versus. Vinayak K.Shah and another. ... Respondents. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 820 OF 2006 APPLICATION NO. 820 OF 2006 APPLICATION NO. 820 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3112 OF 2006 APPLICATION NO.3112 OF 2006 APPLICATION NO.3112 OF 2006 Parni Securities Ltd. ... Applicant. Versus. Vikram K.Shah and another. ... Respondents. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 821 OF 2006 APPLICATION NO. 821 OF 2006 APPLICATION NO. 821 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3113 OF 2006 APPLICATION NO.3113 OF 2006 APPLICATION NO.3113 OF 2006 Parni Securities Ltd. ... Applicant. Versus Varjivandas K.Shah & another. ... Respondents CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 822 OF 2006 APPLICATION NO. 822 OF 2006 APPLICATION NO. 822 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3114 OF 2006 APPLICATION NO.3114 OF 2006 APPLICATION NO.3114 OF 2006 Parni Securities Ltd. ... Applicant. Versus. Deepak K.Shah and another. ... Respondents. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 823 OF 2006 APPLICATION NO. 823 OF 2006 APPLICATION NO. 823 OF 2006 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3115 OF 2006 APPLICATION NO.3115 OF 2006 APPLICATION NO.3115 OF 2006 Parni Securities Ltd. ... Applicant. Versus. Niranjana K.Shah and another. ... Respondents. Shri B.G.araf i/by M/s.Prakash & Co. for the Applicant in all the applications. Shri Brijesh Upadhyay i/by M/s.Purnanand & Co. for the Respondent No.1 in all the applications. : 2 : 2 : 2 : Shri A.S.Shitole, A.P.P. for Respondent-State in C.A.No.819/2006. Shri S.R.Shinde, A.P.P. for Respondent-State in C.A.No.820/2006. Shri D.P.Adsule, A.P.P. for Respondent-State in C.A.No.821/2006. Ms.S.V.Gajare, A.P.P. for Respondent-State in C.A.No.822/2006. Shri S.V.More, A.P.P. for Respondent-State in C.A.No.823/2006. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 27th November, 2006. : 27th November, 2006. : 27th November, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for Respondent No.1. The Applicant had filed Criminal Applications under section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the order issuing process passed by the learned Magistrate on the complaints filed by the 1st Respondents under section 138 read with section 141 of the Negotiable Instruments Act, 1881. 2. The Criminal Applications for quashing were disposed of on the basis of the consent terms filed by the Applicant and the 1st Respondent. The consent terms record that after certain payments are made, the parties will compound the offences. The consent terms provide that to enable the parties to obtain appropriate order : 3 : 3 : 3 : of compounding, the proceedings of the complaints may be stayed till 31st January 2008. 3. The grievance of the Applicant is that though Criminal Application for quashing is disposed of in terms of the consent terms, the learned trial Judge has declined to adjourn the hearing of the complaints. It is, therefore, submitted that necessary direction be issued to the learned trial Judge for staying the proceedings of the complaints till 31st January 2008. The learned Counsel appearing for the 1st Respondent has no objection for adopting the said course. 4. A copy of the consent terms filed before this Court clearly discloses that the parties have settled their dispute and they want to compound the offence. However, the parties want to wait till there is a complete settlement by making necessary payments. The offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881 has been made compoundable by section 147 of the said Act of 1881. 5. Considering the facts and circumstances of the case, the trial of the cases deserves to be stayed till 31st January 2008. 6. Hence the Applications are disposed of by : 4 : 4 : 4 : directing that hearing of the Complaints No.3740/SS/2005, No.3737/SS/2005, No.3739/SS/2005, No.3736/SS/2005 and No.3738/SS/2005 pending before the learned Special Metropolitan Magistrate, Small Causes Court, Mumbai will remain stayed till 31st January 2008. 6. If all formalities are completed earlier, the parties will be free to make an application under section 147 of the Negotiable Instruments Act, 1881 in the pending complaints even before 31st January 2008. 7. The parties and the concerned Court to act on an authenticated copy of this order. Judge. Judge. Judge.