9911796707
TMI Blog2022 (3) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 as per the decision rendered by the Hon'ble Supreme Court, suitable amount is required to be deposited by the applicant with the Gujarat State Legal Services Authority, more particularly when the complainant has shown willingness to accept amount as ordered by the learned trial court by way of settlement. Application allowed. - R/SPECIAL CRIMINAL APPLICATION NO. 12496 of 2021 - - - Dated:- 15-3-2022 - HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI MR VICKY B MEHTA(5422) for the Applicant(s) No. 1 MS PALAK JADEJA for the Respondent(s) No. 2 MR LB DABHI APP for the Respondent(s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court, after conclusion of the trial, convicted the present petitioner for the offences punishable under Section 138 of the Negotiable Instrument Act, copy of said order is placed on record at Page No.17 of the compilation. 7. Learned advocate for the applicant has placed reliance upon the decision rendered by the Honourable Supreme Court in the case of Damodar S. Prabhu Vs. Sayed babalal H. 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 applicant urged that compounding of offence is permissible even after the conviction under Section 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar issue which is involved in the present matter. The observations made in Paragraphs-16 and 16.2 of the said decision are as under: 16. Applying the ratio of various decisions by this Court and the Apex Court as well as in view of the guidelines as laid down in the case of Damodar S. Prabhu (Supra) as also considering the object of Section 138 of the NI Act, which is mainly to inculcate faith in the efficacy of banking operations and credibility of transacting business through cheque as also taking into account the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit. (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 13. Keeping in view of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
