Cambium Biotech Pvt Ltd 2 Through Nilkamal Amarnath Za v. State Of Maharashtra And ANR
18 wp 4808 of 2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4808 OF 2025 Cambium Biotech Pvt. Ltd.-2 ...
Petitioner versus The State of Maharashtra and Anr.
...
Respondents WITH WRIT PETITION NO.4815 OF 2025 Cambium Biotech Pvt. Ltd.-2 ...
Petitioner versus The State of Maharashtra and Anr.
...
Respondents WITH WRIT PETITION NO.4822 OF 2025 Cambium Biotech Pvt. Ltd.-2 ...
Petitioner versus The State of Maharashtra and Anr.
...
Respondents Mr. Narayan G.Rokade, for Petitioners.
Mrs. R.S.Tendulkar, APP for State in WP No.4808 of 2025. Mr. A.D.Kamkhedkar, APP for State in WP Nos.4815 of 2025 and 4822 of 2025.
CORAM: N.J.JAMADAR, J.
DATE :
25 SEPTEMBER 2025 P.C.
1.
Heard the learned Counsel for the Petitioners. 2.
The challenge in these Petitions is to the orders passed by the learned Sessions Judge, whereby the applications preferred by the Petitioner - accused to compound the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 and acquit the accused in view of the payment of the entire amount of compensation as awarded by the trial Court, SSP 1/2
18 wp 4808 of 2025.doc came to be rejected. Learned Sessions Judge was of the view that a sum of Rs.1,55,000/- ordered to be paid by the learned Magistrate by way of compensation to the Respondent No.2 - complainant cannot be said to be sufficient compensation.
3.
In view of the decision of the Supreme Court in the case of Sanjabij Tari V/s. Kishor S. Borcar and Anr.1, wherein the Supreme Court has further clarified the position as regards compounding of the offences under Section 138 of N.I.Act, and modified the guidelines in the case of Damodar S. Prabhu V/s. Sayed Babalal H.2, the issue requires consideration. 4.
Issue notice to the Respondents, returnable on 6 November 2025. 5.
Learned APP waives service on behalf of Respondent No.1 - State. 6.
In addition to notice through Court, the Petitioners are at liberty to serve Respondent No.2 by private service and file an affidavit of service. ( N.J.JAMADAR, J. ) Criminal Appeal No.1755 of 2010 (2010) 5 SCC 663 SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 26/09/2025 20:57:06