DINUSINH DIPSINH PUJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Moksha Thakkar, learned A.P.P. and Mr. Urvesh Prajapati, learned advocate waives service of notice of Rule for and on behalf of respondent Nos.1 and 2 respectively.

(2.) By this application under Article 227 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dated 24 th November 2021 passed by the learned 3rd Additional Chief Judicial Magistrate, Sabarkantha at Himmatnagar in Criminal Case No.5364 of 2019, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of six months and to pay compensation of Rs.30,265.00 to the complainant within one month from the date of said judgment, and in default of payment of compensation, to undergo further simple imprisonment for three months, and as the petitioner was not present when the judgment was pronounced, learned Magistrate issued Non-bailable warrant under Sec. 70 of the Cr.P.C. against the petitioner.

(3.) It appears that the settlement has been arrived at between the complainant and present petitioner and the entire amount of loan with interest thereon has been paid to the respondent No.2, which has been confirmed by the complainant by detailed affidavit, which has been on record of the matter (at Annexure : B, page : 36). Mr. Mahesh Darji, an authorized officer of the respondent No.2 - Finance Company is present in the Court today and has been identified by his learned advocate Mr. Urvesh Prajapati. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the petitioner by filing this petition, seeks compounding of the offence under Sec. 147 of the Negotiable Instruments Act.