PRAJAPATI SHANKERBHAI SHIVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) I have heard Mr. K.I.Patel, learned counsel appearing for the applicant[original accused] and the heir of the deceased complainant who is present in the Court. The parties have stated that they have compounded the matter. Heir of the deceased complainant is the only son of the deceased complainant and has also signed the affidavit tendered in Criminal Misc. Application 16718 of 2008. It is submitted by Mr. Patel, learned counsel for the applicant that this Court may record compromise as the offence is compoundable, and acquit the accused accepting the compromise.

(2.) MS .D.S. Pandit, learned APP has submitted that appropriate orders may be passed as the parties have willingly compounded the offence.

(3.) HAVING considered the totality placed before the Court, accepting the compromise, the parties are permitted to compound the offence punishable under Section 138 of the Negotiable Instruments Act which is found proved by both the lower courts against the applicant, and the accused obviously shall have to be declared acquitted. It is relevant to note that the person representing the aggrieved complainant, i.e. the only son of the deceased complainant is present and he also wishes that the accused may be acquitted as the amount of cheque bounced has been received by him.