1.00. Present Revision Application under section 397 of the Code of Criminal Procedure has been preferred by the petitioner - original accused to quash and set aside the impugned Judgement and Order of conviction passed by the learned trial court - learned Metropolitan Magistrate, Negotiable Instruments Act Court No.8, Ahmedabad in Criminal Case No.554 of 2008 dtd.29/4/2010 convicting the petitioner herein – original accused for the offence punishable under section 138 of the Negotiable Instruments Act as well as the impugned Judgement and Order passed by the learned appellate court - learned Additional Sessions Judge, Court No.20, Ahmedabad in Criminal Appeal No.230 of 2010 dtd.10/7/2012, by which the learned appellate court has dismissed the appeal preferred by the petitioner herein confirming the Judgement and Order of conviction passed by the learned trial court. 2.00. Today when the present petition is taken up for final hearing, Mr.D.J. Joshi, learned advocate appearing on behalf of the petitioner and Mr.Nayan Parekh learned advocate appearing on behalf of the respondent No.2 herein have stated at the bar that the matter is settled between the parties amicably and the petitioner - original accused has already paid the cheques amount to the original complainant towards full and final settlement. It is further submitted by Mr.Joshi, learned advocate appearing on behalf of the petitioner that even the petitioner has also deposited 15% of the cheques amount with the Gujarat State Legal Services Authority so as to enable the petitioner to pray to compound the offence for which he is convicted.
2.01. Mr.Nayan Parekh, learned advocate appearing on behalf of the respondent No.2 – original complainant under the instructions from his client – respondent No.2 – original complainant has stated at bar that the original complainant has no objection if the petitioner is permitted to compound the offence for which he is convicted.
3.00. In view of the above and considering the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in (2010) 5 SCC 663, and considering the fact that the parties have settled the dispute amicably and even the petitioner has also deposited 15% of the cheques amount with the Gujarat State Legal Services Authority, present application is allowed by permitting the parties to compound the offence for under section 138 of the Negotiable Instruments Act for which the applicant has been convicted by the learned trial court confirmed by the learned appellate court and consequently the impugned Judgement and Order of conviction passed by the learned trial court - learned Metropolitan Magistrate, Negotiable Instruments Act Court No.8, Ahmedabad in Criminal Case No.554 of 2008 dtd.29/4/2010 as well as the impugned Judgement and Order passed by the learned appellate court - learned Additional Sessions Judge, Court No.20, Ahmedabad in Criminal Appeal No.230 of 2010 dtd.10/7/2012, are hereby quashed and set aside. Rule is made absolute accordingly.
Direct Service is permitted.
[M.R. SHAH, J.] rafik