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Kalaben vs State

High Court Of Gujarat|09 February, 2012

JUDGMENT / ORDER

1. Mr.Chetan Pandya, learned advocate appearing on behalf of the petitioner - original accused and Mr.A.V. Prajapati, leaned advocate appearing on behalf of the respondent No.2 - original complainant have stated at the bar that as such there is a further agreement between the petitioner
- accused and the respondent No.2 - original complainant that the original complainant has agreed to accept a total sum of Rs.12 Lacs against the cheque in question, out of which Rs.6 Lacs is already paid by now and the petitioner
- original accused has agreed to pay the balance amount of Rs.6 Lacs to the original complainant on or before 30/6/2012 and in the facts and circumstances, the complainant has agreed to accept the same and on such payment, the original complainant has no objection if the petitioner -
original accused is permitted to compound the offence.
2. Mr.Pandya, learned advocate appearing on behalf of the petitioner
- original accused has submitted that even the petitioner
- original accused is also ready and willing to deposit Rs.2,25,000/- i.e. 15% of the cheque amount towards compounding fees within a period of one month before the Gujarat State Legal Services Authority.
3. Mr.Pandya, learned advocate appearing on behalf of the petitioner - original accused has stated that he is tendering an undertaking to the aforesaid effect affirmed by the petitioner - original accused dtd.9/2/2012 along with another undertaking signed by the petitioner - original accused and the respondent NO.2 - original complainant. The aforesaid two undertakings are ordered to be taken on record.
4. In view of the above, S.O. to 5/3/2012. In the meantime, let the petitioner herein -
original accused deposit a sum of Rs.2,25,000/- (Rupees Two Lacs Twenty Five Thousand only) i.e. 15% of the cheque amount towards compounding fees before the Gujarat State Legal Services Authority, so that on such deposit, further orders disposing of the present petition compounding the offence can be passed.
[M.R.
SHAH, J.] rafik Top
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Title

Kalaben vs State

Court

High Court Of Gujarat

JudgmentDate
09 February, 2012