Panchal Chintan Pinakinbhai v. Ashok Khodidas Panchal
2013-01-11
N.V.ANJARIA
body2013
DigiLaw.ai
JUDGMENT : N.V. ANJARIA, J. 1. In the facts and circumstances of the case as the learned advocates appearing for the respective parties have stated that parties have settled the dispute, and with the consent of the respective advocates for the parties, the present application is taken up for its final disposal today. Therefore, Rule. Learned advocate Mr. R.D. Makwana waives service of notice of Rule on behalf of respondent No. 1 and learned Additional Public Prosecutor Mr. L.R. Pujari waives service of notice of Rule on behalf of respondent No. 2-State. 2. It is not necessary to go into the detail facts as the parties have settled their dispute. The judgment and order impugned in the present revision application is dated 18th December, 2012 in Criminal Appeal No. 257 of 2011 passed by the learned Additional Sessions Judge, Court No. 7, Ahmedabad City whereby the judgment and order dated 30th May, 2011 passed by the learned Metropolitan Magistrate, Negotiable Instruments Act Court No. 6, in Criminal Case No. 1476 of 2009 came to be confirmed. The learned Magistrate by the said judgment and order convicted the applicant herein for the offence under Section 138 of the Negotiable Instruments Act, 1882 and sentenced him to undergo simple imprisonment for one year and to undergo further simple imprisonment for four months if the amount of cheque is not paid within 60 days. 3. In the course of proceedings of the present revision application, the respondent No. 1- original complainant has filed affidavit dated 27th December, 2012 wherein it is stated that the complainant has entered into compromise with the revisionist and that he has received amount of cheque. Paragraph No. 4 of the affidavit reads as under: “4. I state that, I have entered into a Compromise with the Revisionist and I have received the principal amount of the cheque, which is Rs. 1,00,000/- (Rupees One lac only) towards my dues. I tendered a Compromise Affidavit which was entered into by the parties, which is Annexed along with the present reply. I therefore request the Hon'ble Court to take the same on record. I say that I have No Objection, if the present application is allowed and the judgment and order of conviction passed by the learned Metropolitan Magistrate and which was conform by the Hon'ble Sessions Court are quashed and set aside.” 4.
I therefore request the Hon'ble Court to take the same on record. I say that I have No Objection, if the present application is allowed and the judgment and order of conviction passed by the learned Metropolitan Magistrate and which was conform by the Hon'ble Sessions Court are quashed and set aside.” 4. In the above view, it is evident that parties have settled their disputes, which was verified that the settlement was genuinely arrived to the satisfaction of both the sides. 5. Having regard to the settlement arrived at, learned advocate for the respondent No. 1-original complainant as well as learned advocate for the applicant requested the Court to compound the offence. In support of the prayer for compounding of offence, it is also stated that as per the decision of the Apex Court in Damodar S. Prabhu, 2010 (5) SCC 663 , the applicant has paid amount of Rs. 15,000/- by way of cost being 15% of the cheque amount to the State Legal Services Authorities. In fortification of the payment, receipt thereof is produced to be taken on record, which is taken on record. 6. In light of the above emerging facts since the parties have amicably settled the dispute and the amount of cheque having been paid by the applicant-original accused to the present respondent No. 1-original complainant and the complainant having received the same and other requirements having been complied with, no fruitful purpose would be served in continuing the present proceedings. Accordingly, the proceedings are required to be terminated by compounding the offence. 7. In the result, the impugned judgment and order dated 30th May, 2011 passed by the learned Metropolitan Magistrate, Negotiable Instruments Act Court No. 6, Ahmedabad in Criminal Case No. 1476 of 2009 and the confirming judgment and order dated 18th December, 2012 passed by the learned Additional Sessions Judge, Court No. 7, Ahmedabad City in Criminal Appeal No. 257 of 2011 are hereby quashed and set aside. Rule is made absolute to the aforesaid terms. Rule made absolute.