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TMI Blog2021 (7) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... hal waives service of notice of Rule for respondent Nos.1 and 2 respectively. 3. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) wherein the applicant has prayed that the judgment and order of conviction dated 05.04.2019 passed by learned Judicial Magistrate First Class, Ahmedabad in Criminal Case No.84635 of 2018 be quashed and set aside, whereby the concerned trial Court has convicted the present applicants for the offence punishable under Section 138 of the Negotiable Instruments Act and he has been sentenced to undergo simple imprisonment for a period of one year. Fine was also imposed. Copy of the said order is placed on record at page 8 of the compilation. 4. Heard learned a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in (2010) 5 SCC 663 and the order dated 06.05.2021 passed by this Court in Criminal Misc. Application No.18712 of 2020 (Khokhar Iliyas Bismilla Khan Vs. State of Gujarat & Anr.). Having relied on the said decisions, learned advocate for the applicants urged that compounding of offence is permissible even after the conviction under Section 138 of the N.I. Act on certain conditions. 7. Learned advocate for the applicants submits that the applicants are ready and willing to deposit the required amount with the Gujarat State Legal Services Authority. 8. On the other hand, learned advocate Ms. Avnika Panchal has submitted that respondent No.2 - Surendrabhai Surajbhan Agraval is present during the course of hearing of the application. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Section 147 which states that every offence punishable under this Act shall be compoundable. Further, it is mainly a transaction between the private parties where the State is not affected. 16.1 xxx xxx xxx 16.2. Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circumstances it would not be in the interest of justice to relegate the parties to appellate court. Additionally when both the parties have invoked the jurisdiction of this Court and there is no bar on exercise of powers and the inherent powers of this court can always be invoked for imparting justice and bringing a quiet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid decision rendered by the Hon'ble Supreme Court and the order passed by this Court, I am of the view that when the parties have settled the dispute amicably, compounding of the offence is required to be permitted. However at this stage, it is required to be noted that the respondent no.2 has filed a complaint under Section 138 of the N.I. Act for dishonour of cheque amounting to Rs. 1,43,606/- and, hence as per the decision rendered by the Hon'ble Supreme Court, suitable amount i.e 15% of Rs. 1,43,606/- is required to be deposited by the applicants with the Gujarat State Legal Services Authority. 14. Accordingly, the application is allowed. The impugned judgment and order of conviction dated 05.04.2019 passed by learne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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