KOMALBEN HEMANTKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Kinjal Patel, learned advocate for the respondent No.1 as well as Ms. Moxa Thakkar, learned APP appear and waive 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 of conviction dtd. 15/4/2022 passed by Additional Chief Judicial Magistrate First Class Court & Negotiable Instrument Act Court, Anand in Criminal Case No. 2420 of 2019, whereby, the Court below has allowed the criminal case filed by the complainant and the petitioner herein-original respondent has been convicted for three months simple imprisonment and find of Rs.5,000.00.

(3.) It appears that the settlement has been arrived at between the complainant and present petitioner, which has been confirmed by the complainant by detailed affidavit dtd. 7/7/2022, which is ordered to be taken 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.