ASHOK SHIVLAL CHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mrs. Krina Calla, learned APP and Mr. Moghariya, learned advocate waives service of notice of Rule for and on behalf of respondent Nos. 1 and 2 respectively.

(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. 3/3/2018 passed by the learned 5th Additional Sessions Judge, Jamnagar in Criminal Appeal No. 48 of 2016, whereby, the learned Sessions Court has rejected the Appeal, confirming the judgment and order dtd. 7/5/2016 passed by the learned 4 th Additional Chief Judicial Magistrate, First Class, Jamnagar in Criminal Case No. 3393 of 2010, by which, the petitioner has been convicted for 6 months SI and fine of Rs.5000.00 and in default of fine, further SI for 1 month.

(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.