[1.0] RULE. Ms. C.M. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 and Shri K.I. Kazi, learned advocate waives service of notice of Rule on behalf of respondent No.2. In the facts and circumstances of the case and as it is reported that the parties have settled the dispute amicably and the entire cheque amount has been paid to respondent No.2 – original complainant and with the consent of learned advocates appearing on behalf of respective parties, present Criminal Revision Application is taken up for final hearing today. [2.0] Present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – original accused to quash and set aside the impugned judgment and order of conviction and sentence dated 30.11.2009 passed by the learned Metropolitan Magistrate (NI Act) Court No.5, Ahmedabad in Criminal Case No.553 of 2008 (Old case No.4907 of 2007) convicting the applicant herein – original accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”) as well as the impugned judgment and order dated 27.04.2012 passed by the learned Additional Sessions Judge, City Civil & Sessions Court No.7, Ahmedabad in Criminal Appeal No.328 of 2009 by which the learned Appellate Court has dismissed the said Appeal confirming the judgment and order of conviction and sentence passed by the learned trial Court.
[3.0] Today, when the present revision application is taken up for final hearing, Shri Ansari, learned advocate appearing on behalf of the applicant herein – original accused has stated at the Bar that the applicant – original accused and respondent No.2 – original complainant have settled the dispute amicably and the applicant has paid the entire cheque amount i.e. Rs.3,50,000/ to respondent No.2 – original complainant. He has also stated at the Bar that applicant has also deposited 15% of the cheque amount i.e. Rs.52,500/ with the Gujarat State Legal Services Authority, which the applicant is required to deposit pursuant to the order passed by the Hon'ble Supreme Court in the case of Damodar S. Prabhu vs. Sayed Babalal H. reported in (2010)5 SCC 663. He has also stated at the Bar that respondent No.2 has no objection if the applicant is permitted to compound the offence for which he has been convicted.
[4.0] Having heard Shri Ansari, learned advocate appearing on behalf of the applicant herein – original accused and Shri K.I. Kazi, learned advocate appearing on behalf of respondent No.2 – original complainant and Ms. C.M. Shah, learned APP appearing on behalf of respondent No.1 State and even considering the affidavit filed by respondent No.2 affirmed by him, it appears that the parties have settled the dispute amicably and the applicant herein – original accused has paid the entire cheque amount i.e. Rs.3,50,000/ to respondent No.2 – original complainant which the respondent No.2 has accepted towards full and final settlement of his claim against the applicant against the cheque in question which has been dishonored and the complainant has no objection if the applicant is permitted to compound the offence for which he has been convicted and considering the fact that applicant has deposited 15% of the cheque amount i.e. Rs.52,500/ with the Gujarat State Legal Services Authority which the applicant is required to deposit pursuant to the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu (Supra), the applicant can be permitted to compound the offence for which he has been convicted. Accordingly, the applicant is permitted to compound the offence for which he has been convicted and consequently the impugned judgment and order of conviction and sentence dated 30.11.2009 passed by the learned Metropolitan Magistrate (NI Act) Court No.5, Ahmedabad in Criminal Case No.553 of 2008 (Old case No.4907 of 2007) as well as the impugned judgment and order dated 27.04.2012 passed by the learned Additional Sessions Judge, City Civil & Sessions Court No.7, Ahmedabad in Criminal Appeal No.328 of 2009 are hereby quashed and set aside. Applicant to be released immediately, if in jail and not required in any other case. Rule is made absolute accordingly. Direct service is permitted.
(M.R. Shah, J.) menon