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TMI Blog2020 (2) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... , there is no reason to refuse compromise between the parties. Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case as well as considering the settlement arrived at between the parties, the revision application is required to be allowed and the parties be permitted to compound the offence - revision application allowed. - R/CRIMINAL REVISION APPLICATION NO. 1035 of 2019 CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2020 R/CRIMINAL REVISION APPLICATION NO. 1035 of 2019 CRIMINAL MISC.APPLICATION (MODIFICATION OF ORDER) NO. 2 of 2019 R/CRIMINAL REVISIO - - - Dated:- 13-2-2020 - HONOURABLE MR. JUSTICE B. N. KARIA MR PRAKASH G PANDYA FOR THE APPLICANT MS. MONALI BHATT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advocate by register A.D. on 16th November 2013 but the applicant had refused to accept the said notice. Thus, said notice was returned with an endorsement of refuse, and thereafter the complainant had lodged the said complainant. Thereafter, the applicant approached the learned learned Additional City Sessions Judge, Court No.16, but, vide judgment and order dated 06.08.2019, learned Sessions Judge, Ahmedabad City, Ahmedabad in Criminal Appeal No. 29 of 2018, confirmed the sentence imposed upon the present applicant. Thus, being aggrieved with the said order, the applicant has preferred present application. 3. Today, when the matter was taken up for hearing, a joint request was made by learned advocates for the respective parties that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the judgment : 17. As observed by this Court in Electronic Trade Technology Development Corporation Ltd. V. Indian Technologists and Engineers, (1996) 2 SCC 739, the object of bringing Section 138 in the statute book is to inculcate faith in the efficacy of banking operation and credibility in transacting business on negotiable instruments. The provision is intended to prevent dishonesty on the party of the drawer of negotiable instruments in issuing cheques without sufficient funds or with a view to inducing the payee or holder in due course to 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is made absolute to the aforesaid extent. Direct Service is permitted. ORDER IN CRIMINAL MISC.APPLICATION NO. 1 of 2020 Considering the totality of the facts, that compromise is arrived at between the parties and amount of ₹ 2,00,000/- is paid by the present applicant to the respondent No.2, no dispute remains to be adjudicated by the Court, and as per order passed by this Court in Criminal Revision Application No. 1035 of 2019 the impugned judgment and order are already quashed and set aside by acquitting the applicant-accused of the charge under Section 138 of N.I. Act. Thus, present application does not survive and accordingly, disposed of. ORDER IN CRIMINAL MISC.APPLICATION NO. 2 of 2019 As per the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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