TMI Blog2022 (2) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... dingly, the application is allowed. - R/Criminal Misc. Application No. 1335 of 2022 - - - Dated:- 8-2-2022 - V. M. Pancholi , J. For the Appellant : Akshay V. Matani For the Respondents : L.B. Dabhi, APP and Shabnam A. Alvi ORDER 1. Draft Amendment is allowed. Necessary amendment be carried out, forthwith. 2. Rule. Learned APP Mr. L.B. Dabhi waives service of notice of Rule for respondent No. 1 State and learned advocate Ms. Shabnam Alvi waives service of notice of Rule for respondent No. 2. 2. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ( the Code for short) for quashing and setting aside the judgment and order of conviction dated 18.02.2021 passed by learned 6th Addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the applicant - accused. 4.2. Learned advocate for the applicant has placed reliance upon the decision rendered by the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in (2010) 5 SCC 663 and the order dated 06.05.2021 passed by this Court in Criminal Misc. Application No. 18712 of 2020 (Khokhar Iliyas Bismilla Khan Vs. State of Gujarat Anr.). Having relied on the said decisions, learned advocate for the applicant urged that compounding of offence is permissible even after the conviction under Section 138 of the N.I. Act on certain conditions. 4.3. At this state, learned advocate for the applicant further submitted that the applicant is ready and willing to deposit the required amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circumstances it would not be in the interest of justice to relegate the parties to appellate court. Additionally when both the parties have invoked the jurisdiction of this Court and there is no bar on exercise of powers and the inherent powers of this court can always be invoked for imparting justice and bringing a quietus to the issue between the parties and hence, the present application is entertained. 7. In the case of Damodar S. Prabhu Vs. Sayed babalal H. (supra), the Hon'ble Supreme Court has issued guidelines in Para-21, relevant portion of which, reads as under: The Guidelines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed. The impugned judgment and order of conviction dated 18.02.2021 passed by the learned 6th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Case No. 1419 of 2019 and all the other consequential proceedings arising out of the said judgment are quashed and set aside. Rule is made absolute, accordingly. 9. However, at this stage, it is required to be noted that respondent No. 2 filed a complaint under Section 138 of the N.I. Act for dishonour of the cheque amounting to ₹ 5,00,000/-. Therefore, as per the decision rendered by the Hon'ble Supreme Court, the applicant is required to deposit 15% of the amount of the cheque with the Gujarat State Legal Services Authority. Thus, the applicant is directed to deposit & ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
