SAFIBHAI IBRAHIMBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Trivedi, learned APP and Mr. Arjun Rathod, learned advocate waives service of notice of Rule for and on behalf of respective respondents.

(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. 22/12/2021 passed by 2nd Additional Judicial Magistrate First Class Court & Negotiable Instrument Act Court, Modasa in Criminal Case No. 1316 of 2017, whereby, the Court below has allowed the criminal case filed by the complainant and the petitioner herein-original respondent has been convicted for 1 year simple imprisonment and also directed to pay the cheque amount of Rs.1,00,000.00 as a compensation to the complainant.

(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.