TMI Blog2022 (3) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... tted. Accordingly, the application is allowed - Respondent No.2 filed a complaint under Section 138 of the N.I. Act for dishonour of the cheque amounting to ₹ 25,036/-. Therefore, as per the decision rendered by the Honourable Supreme Court, the applicant is required to deposit 15% of the amount of the cheque with the Gujarat State Legal Services Authority. - R/SPECIAL CRIMINAL APPLICATION NO. 1224 of 2022 - - - Dated:- 25-2-2022 - HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI MR VAIBHAV N SHETH(5337) FOR THE APPLICANT(S) NO. 1 MR CHINTAN DAVE, APP FOR THE RESPONDENT(S) NO. 1 ORDER 1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today. 2. Learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whereby the applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. 7. At this stage, learned advocate for the applicant submitted that now the dispute is amicably settled with respondent No.2 - complainant. 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-26. It is also submitted that the complainant who is the Authorized Officer of the concerned Finance Company is present before this Court. Copy of the Authorization letter is placed on record at page no. 29. It is, therefore, urged that the impugned judgment be quashed and set aside on the ground of settlement arrived at between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 exercised when a statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 13. 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. The impugned judgment and order of convicti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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