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TMI Blog2022 (1) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... Procedure, 1973 ("the Code" for short) wherein the applicant has prayed that the judgment and order of conviction dated 9.7.2019 passed by learned 11th Additional Chief Judicial Magistrate, Surat in Criminal Case No.68474 of 2016 and the order dated 7.9.2021 passed in Criminal Appeal No.330 of 2019 by the learned 13th Additional Sessions Judge, Surat and all the other consequential proceedings arising out of the said judgment be quashed and set aside. 3. Heard learned advocate Mr.Shakeel Qureshi for the applicant, learned Additional Public Prosecutor Mr.L.B.Dabhi for respondent No.2 State and learned advocate Mr.Mahesh Purajar for respondent No.1. 3. Learned advocate for the applicant has submitted that respondent No.1 herein has filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal 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 applicant urged that compounding of offence is permissible even after the conviction under Section 138 of the N.I. Act on certain conditions. 3.3. Learned advocate for the applicant submits that the applicant is ready and willing to deposit the required amount with the Gujarat State Legal Services Authority. 4. On the other hand, learned advocate Mr.Mahesh Pujara also confirmed the settlement arrived at between the parties. 5. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the applicant has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 quietus to the issue between the parties and hence, the present application is entertained." 7. In the case of Damodar S. Prabhu Vs. Sayed babalal H. (supra), the Honourable Supreme Court has issued guidelines in Para-21, relevant portion of which, reads as under: "The Guidelines:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned 13th Additional Sessions Judge, Surat and all the other consequential proceedings arising out of the said judgment be quashed and set aside. The applicant be set at liberty, if not required in any other case. Rule is made absolute, accordingly. 9. Respondent No.1 filed a complaint under Section 138 of the N.I. Act for dishonour of the cheque amounting to Rs. 1,25,00,000/-. Therefore, as per the decision rendered by the Honourable Supreme Court, the applicant is required to deposit 15% of the amount of the cheque with the Gujarat State Legal Services Authority. However, at this stage the observation made by the Hon'ble Supreme Court in the aforesaid decision in paragraph 17 is required to be kept in view, which reads as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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