TMI Blog2022 (1) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... he said cheque amount within a period of one month and deposit the remaining amount of 5% of the said cheque amount within a period of five months thereafter with the Gujarat State Legal Services Authority. Application disposed off. - R/Criminal Misc.Application No. 23113 of 2021 - - - Dated:- 5-1-2022 - Honourable Mr. Justice Vipul M. Pancholi For the Applicant(s) : Mr Nauman S Qureshi, Mr Shakeel A Qureshi For the Respondent(s) : Mr LB Dabhi, App(2) ORAL ORDER 1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule for respondent No.2 State and learned advocate Mr.Mahesh Pujara waives service of notice of Rule for respondent No.1. Learned advocate Mr.Pujara is permitted to file vakalatnama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urat. 3.1 At this state, learned advocate for the applicant submitted that now the dispute is amicably settled with respondent No.1 complainant and, therefore, a compromise deed was executed between the parties on 8.12.2021, a copy of which is placed on record at Page-53 of the compilation. Learned advocate for the applicant has also referred the affidavit of the complainant filed before this Court, a copy of which is placed on record at Page-60. It is, therefore, urged that the impugned judgments be quashed and set aside on the ground of settlement arrived at between the parties. 3.2 Learned advocate for the applicant has placed reliance upon the decision rendered by the Honourable Supreme Court in the case of Damodar S. Prabhu V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said decision are as under: 16. Applying the ratio of various decisions by this Court and the Apex Court as well as in view of the guidelines as laid down in the case of Damodar S. Prabhu (Supra) as also considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected. 16.1 xxx xxx xxx 16.2. Generally the powers available under Section 482 of the Code would not have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 8. Keeping in view of the aforesaid decision rendered by the Honourable Supreme Court and the order passed by this Court, I am of the view that when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. Accordingly, the application is allowed. dated 9.7.2019 passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sit 15% amount of the cheque with the Gujarat State Legal Services Authority. It is further submitted that the applicant is in jail since 7.9.2021. It is also pointed out that the age of the applicant is about 60 years and therefore it is prayed that the aforesaid amount be reduced in the interest of justice. 11. Considering the facts and circumstances of the present case and the observation made by the Hon ble Supreme Court as noted above, the applicant is permitted to deposit 10% of the said cheque amount with the Gujarat State Legal Services Authority, out of which the applicant shall deposit 5% of the said cheque amount within a period of one month and deposit the remaining amount of 5% of the said cheque amount within a period of fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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