NARANBHAI DESAIBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant seeking recall of the order dated 19.04.2017 passed in Criminal Revision Application No.539 of 2005 and to quash and set aside both the orders of the lower Court being Criminal Case No.6112 of 2001 passed by the learned JMFC, Nadiad as well as Criminal Appeal No.47 of 2003 passed by the Sessions Court, Kheda at Nadiad and acquit the applicant on the ground of settlement.

(2.) Present applicant was convicted vide order dated 20.05.2003 passed by the learned 8 th Joint Civil Judge (S.D.) and Judicial Magistrate First Class, Nadiad in Criminal Case No.6112 of 2001 for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo six months simple imprisonment with fine of Rs.5,000/- in default, simple imprisonment for further period of thirty days. The said order was assailed by the applicant before the learned appellate Court. The learned Presiding Officer and 9th Fast Track Court, Nadiad vide order dated 08.07.2005 passed in Criminal Appeal No.47 of 2003, confirmed the order passed by learned 8th Joint Civil Judge (S.D.) and Judicial Magistrate First Class, Nadiad. The said order was further challenged by the applicant before this Court by way of Criminal Revision Application No.539 of 2005. This Court has also confirmed the orders passed by the learned trial Court as well as appellate Court vide order dated 19.04.2017.

(3.) Mr. Darshit Bramhbhatt, learned advocate for the applicant contended that original complainant and present applicant has amicably settled the issue and an amount of Rs.3,26,385/- payable by the petitioner to the original complainant is already paid pursuant to compromise between the parties and therefore, the applicant be permitted to compound the offence. He relied upon judgment rendered in the case of K. Subramaniam v/s. Rajathi, reported in (2010) 15 SCC 352, wherein the petitioner is permitted to compound the offence and orders of conviction and sentence are set aside. He therefore, prays to allow this application.