RAJIV SUBHASH JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mrs. Krina Calla, learned APP and Mr. Jigar Patel, learned advocate waives service of notice of Rule for and on behalf of respondent Nos. and respectively. Mr. Jigar Patel, learned advocate is permitted to file his vakalatnama in the Registry.

(2.) By this application under Articles 226 and 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 dtd. 28/11/2018 passed by the learned Addl. Chief Metropolitan Magistrate, N.I. Act , Court no. 31, Ahmedabad in Criminal Case No. 8275 of 2018, whereby, petitioner is order to undergo 1 year SI and compensation of Rs.2,00,000.00 awarded and default to pay, further SI for 3 months and order dtd. 5/3/2021 passed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad in Criminal Appeal No. 676 of 2018, whereby, the learned Sessions Court has rejected the Appeal and issued non-bailable warrant against the petitioner.

(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 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.