TMI Blog2021 (7) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... , where it was held that Taking into account the fact that the parties have settled the dispute amicably, in view of this court the compounding of the offence is required to be permitted. Thus, when the parties have settled the dispute amicably, compounding of the offence is required to be permitted - However at this stage, it is required to be noted that the respondent no.2 has filed a complaint under Section 138 of the N.I. Act for dishonour of cheque amounting to ₹ 1,43,606/- and, hence as per the decision rendered by the Hon'ble Supreme Court, suitable amount i.e 15% of ₹ 1,43,606/- is required to be deposited by the applicants with the Gujarat State Legal Services Authority. Application allowed. - R/CRIMINAL M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nchal for respondent No.2 - original first informant. Learned advocate for the applicants has submitted that respondent No.2 herein has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ( the N.I. Act for short) against the applicants for dishonour of cheques amounting to ₹ 1,43,606/-. It is submitted that the concerned trial Court, vide impugned order dated 05.04.2019, convicted the applicant for the offence under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment for a period of one year and ordered to pay cheque amount of ₹ 1,43,606/- within a period of sixty days from the date of the order and in default, to undergo 30 days simple imprisonment. 5. Learned advocate for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Surajbhan Agraval stated that the dispute is amicably settled and therefore if the order of conviction passed against the present applicants is quashed and set aside, he has no objection. 10. Having heard the learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the applicant has been convicted by the concerned trial Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled the dispute and, therefore, the respondent No.2 - complainant has filed an affidavit interalia stating that if the order of conviction passed against the applicants is quashed and set aside, he has no objection. 11. This Court, in the case of K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... odar S. Prabhu Vs. Sayed babalal H. (supra), the Honourable Supreme Court has issued guidelines in Para-21, relevant portion of which, reads as under: The Guidelines:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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