Case Law Details
Maheshsinh Babusinh Zala Vs State of Gujarat (Gujarat High Court)
It has emerged that the applicant has been convicted by the concerned Criminal Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled the dispute and, therefore, the complainant has filed an affidavit stating that if the order of conviction passed against the applicant is quashed and set aside, he has no objection.
Considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected.
Keeping in view of the decision rendered by the Honourable Supreme Court and the order passed by this Court, I am of the view that when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. Accordingly, the application is allowed. The impugned judgment and order of conviction dated 20.12.2021 passed by the learned Judicial Magistrate, First Class, Talod, in Criminal Acse No.913 of 2021 and all the other consequential proceedings arising out of the said judgment are quashed and set aside. Rule is made absolute, accordingly.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
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