GIRISHCHANDRA AMBALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein-original accused nos. 3 to 6 and 8 to quash and set aside the impugned complaint being Criminal Case No. 360 of 2009 pending in the Court of learned JMFC, Manavadar for the offences punishable under Section 138 of the Negotiable Instruments Act.

(2.) SHRI S. I. Nanavati, learned Senior Advocate for the applicants has submitted that in view of the fact that the cheque amount was already paid to the original complainant within a period of three days after institution of complaint, the applicants may be permitted to compound the offence. It is submitted that the applicants are not pressing their reliefs to quash and set aside the impugned complaint on the ground that the cheque amount was already paid within a period of three days after institution of the complaint. However, has requested to permit the parties to compound the offence. SHRI S. I. Nanavati, learned Senior Advocate for the applicants has submitted that applicants are ready and willing to pay Rs.20,000/- additionally to the original complainant (over and above the cheque amount) towards deduction of TDS and interest amount. He has stated at the bar that he is also ready and willing to pay 15% of the cheque amount (Rs.41,250/-) as required to be deposited pursuant to the judgment and order passed by the Hon'ble Supreme Court in the case of Damodar S. Prabhu vs. Sayed Babalal H reported in (2010) 5 SCC 663, which the applicants are required to deposit with the Gujarat State Legal Services Authority while permitting him to compound the offence. SHRI S. I. Nanavati, learned Senior Advocate for the applicants has stated at the bar that original complainant has been given demand draft of Rs.20,000/- and he has also brought the demand draft of Rs. 41,250/- i.e. 15% of the cheque amount to be deposited with the Gujarat State Legal Services Authority. Therefore, it is requested to permit the applicants to compound the offence.

(3.) HAVING heard the learned advocates for the respective parties and considering the fact the cheque amount was already paid to the original complainant within a period of three days after the institution of complaint and considering the facts stated hereinabove and on payment of additional amount of Rs.20,000/-to the original complainant and considering the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu(supra) on deposit of 15% of the cheque amount (Rs.41,250 /-) with the Gujarat State Legal Services Authority, while permitting the applicants to compound the offence, the applicants are permitted to compound the offence for which the complaint being Criminal Case No. 360 of 2009 pending in the Court of learned JMFC, Manavadar has been filed by the original complainant against the applicants-original accused Nos. 3 to 6 and 8. Consequently the applicants herein original accused nos. 3 to 6 and 8 shall not be tried in the aforesaid case for the offence punishable under Section 138 r/w 141 of the Negotiable Instruments Act. Liberty is reserved in favour of the original complainant for interest and as and when such proceedings are initiated, the same be considered in accordance with law and on merits and if permissible under the law. Applicants to deposit 15% of the cheque amount (Rs. 41,250/-) with the Gujarat State Legal Services Authority within a period of two weeks from today (as reported the Demand Draft is already with the learned counsel for the applicants). Rule is made absolute to the aforesaid extent.