RAKESHBHAI SANKABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Mr.Pranav Trivedi, learned APP and Mr.Mahesh Purohit, learned advocate, appears and waives service of notice of Rule for and on behalf of respondent Nos.1 and 2 respectively.

(2.) By this application under Sec. 482 of the Code of Criminal Procedure, the applicant has sought quashing of the judgment and order dtd. 1/2/2021 passed by learned Additional Judicial Magistrate First Class, Prantij in Criminal Case No.1305 of 2015, by which the applicant has been convicted for the offence punishable under Sec. 138 of the N.I. Act and ordered to undergo simple imprisonment for a period of one month as also ordered to pay fine of Rs.02,70,000.00 to the complainant, and in default, to undergo further simple imprisonment for three months.

(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- complainant, 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.