LAWS(GJH)-2023-2-873

DIWAN YASMIN RIZWANBHAI Vs. STATE OF GUJARAT

Decided On February 01, 2023
Diwan Yasmin Rizwanbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No. 1.

(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. 25/11/2022 passed by the learned 6th Additional JMFC, Bharuch in Criminal Case No. 8960 of 2022 whereby, the court below has simple imprisonment for a period of 1 year and in default ordered to undergo simple imprisonment for a period of 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, 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 .