TMI Blog2022 (5) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Revision Application, applicant has challenged the judgement and order dated 22.8.2015 passed in Criminal Case No. 119 of 2013 by learned 7th Additional Chief Judicial Magistrate, Rajkot convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act (for short N.I.Act ) as well as judgement and order dated 25.2.2022 passed in Criminal Appeal No.186 of 2015 by learned 14th Additional Sessions Judge, Rajkot wherein, the learned First appellate Court has been pleased to partly allowed the said appeal and confirmed the judgement and order of conviction and sentence passed by the learned trial Court. 2.. Today, respondent No.1 Kishorbhai Lathabhai Khuti was present before this Court and he has ide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further submitted that as per the order of this Hon ble Court petitioner has deposited Rs.2.00 Lacs before the learned trial Court that may be allowed to be withdrawn by the undersign and now I have received all amount and I have no any grudge or animosity and I do not want to proceed with the 138 proceeding and I have no objection. 4. It is further submitted that the respondent No.1 declared that he does not have any objection if the said revision application may be allowed in favour of applicant as there is no surviving grievance against the applicant by respondent No.1. 5. It is further submitted that the matter between the parties is amicably settled and respondent no.1 is giving no objection in this revision application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o act upon it. It thus seeks to promote the efficacy of banking operations and ensures credibility in transacting business through cheques. In such matters, therefore, normally compounding of offences should not be denied. Presumably, Parliament also realized this aspect and inserted Section 147 by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002) . 18.Taking into consideration even the said provision (Section 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We therefore dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent. 7. Applying the ratio of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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