ABDULBHAI ALLAUDIN DUBALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP and learned advocate waive service of notice of Rule for and on behalf of respondent Nos. 1 and 2 respectively.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed quashing of the judgment and order dated 03. 09.2021 passed by Principal Civil Judge and Judicial Magistrate First Class, Vadgam, Dist. Banaskantha, in Criminal Case No.275/2016, which has been confirmed by the Sessions Court, Banaskantha at Palanpur in Criminal Appeal No.76/2021 vide order dtd. 9/9/2022, whereby the petitioner has been convicted and sentenced to undergo simple imprisonment for 18 months and to pay fine of Rs.16,00,000.00 (double of the cheque amount) to the complainant, in default, to undergo simple imprisonment for 30 days for the offence punishable under Sec. 138 of the Negotiable Instruments Act and non bailable warrant came to be issued.

(3.) It appears that the settlement has been arrived at between the complainant, which has been confirmed by the complainant by detailed affidavit, which has been placed on record. 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.