RAJESHKUMAR MEGHJIBHAI GAMETI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Pranav Triveid, learned APP and Mr. J. M. Talota, 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 26 th August, 2021 passed by the learned 2 nd Additional Judicial Magistrate First Class, Himmatnagar in Criminal Case No.798 of 2016, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of one year and six months and to deposit the amount of Rs.2,00,000.00 towards compensation and in default to deposit the amount, to undergo further simple imprisonment of 30 days and as the petitioner was not present when the judgment was pronounced, learned Magistrate issued non-bailable warrant under Sec. 70 of the Cr.P.C. against the petitioner.

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