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TMI Blog2022 (2) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... setting aside the judgment and order of conviction dated 18.02.2021 passed by learned 6th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Case No. 1419 of 2019. 3. Heard learned advocate Mr. Akshay V. Matani for the applicant, learned advocate Ms. Shabnam Alvi for respondent No. 2 - complainant and learned Additional Public Prosecutor Mr. L.B. Dabhi for respondent No. 1 - State. 4. Learned advocate for the applicant submitted that the complaint under Section 138 of the Negotiable Instruments Act, 1881 ("N.I. Act" for short) had been filed by respondent No. 2 - complainant against the present applicant. It is further submitted that after conclusion of the trial, the concerned trial Court vide the impugned judgment and order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r submitted that the applicant is ready and willing to deposit the required amount of Gujarat State Legal Services Authority. 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 convicted by the concerned Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled the dispute and, therefore, the respondent No. 2 has filed an affidavit stating that if the order of conviction passed against the applicant is quashed and set aside, the respondent No. 2 has no objection. 6. This Court, in the case of Khokhar Iliyas Bismilla Khan Vs. State of Gujarat & Anr. (supra), had an occasion to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused. (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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