KAMLESHKUMAR RASIKLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Moxa Thakkar, learned APP and Mr. N. V. Gandhi, 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 19 th April 2022 passed by the learned Judicial Magistrate, Talod in Criminal Case No.137 of 2020, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of two years and to pay a fine of Rs.1,04,10,201.50 and out of the said amount of fine, to pay an amount of Rs.52,05,100.75 by the accused to the complainant - Bank towards compensation, and in default of payment of fine, to further undergo simple imprisonment for a period of of thirty days.

(3.) The complainant - Jasubhai Jivabhai Patel - a Loan Officer of the Bank is personally present before this Court and confirms the settlement arrived at between him and the present petitioner. It appears that the entire cheque amount has been paid by the petitioner to the complainant and in this regard, 'No Due Certificate' dated 27 th May 2022 came to be issued by the respondent - complainant. Thus, 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.