2011 (3) TMI 1815 - HC - Indian Laws

Summary

Issues involved: Application for amendment of prayer clause, compounding of offence u/s 138 of Negotiable Instruments Act, settlement between parties, quashing of previous judgments.

Amendment of Prayer Clause:
The applicant sought to amend the prayer clause by adding paragraph 12(AA) to the application under Section 482 of the Code of Criminal Procedure.

Compounding of Offence u/s 138 of Negotiable Instruments Act:
The applicant, an accused-convict, requested permission to compound the offence following a settlement with the respondent, agreeing to pay the cheque amount of Rs. 75,000. The applicant's advocate cited a previous judgment allowing compounding even after dismissal of a Criminal Revision Application, especially in cases under the Negotiable Instruments Act. The applicant also deposited Rs. 10,000 with the Gujarat State Legal Services Authority as required by a Supreme Court decision.

Settlement between Parties:
The respondent, through their advocate, confirmed receiving the cheque amount and had no objection to permitting the applicant to compound the offence and quash the previous convictions.

Quashing of Previous Judgments:
Considering the amicable settlement and payment made by the applicant, along with the lack of objections from the respondent and the learned APP, the Court permitted the applicant to compound the offence under Section 138 of the Negotiable Instruments Act. Consequently, the previous convictions were quashed, and the application was allowed, with the applicant to be set free unless required in another case.