ANGATSINH HALUSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Pranav Trivedi, learned APP and Mr. Darshan Dave, 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 19 th March 2022 passed by the learned 4th Additional Judicial Magistrate First Class, Himmatnagar, Sabarkantha in Criminal Case No.2129 of 2018, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of six months and ordered to pay compensation of Rs.44,400.00 to the complainant and in default thereof, to undergo further simple imprisonment of three months.

(3.) It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount 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. 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.