9911796707
TMI Blog2022 (3) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... ame. 3. Rule. Learned APP Mr. Ronak Raval for respondent no.1 and learned advocate, Ms. Palak Jadeja for respondent no.2 waive service of notice of Rule. 4. By way of the present petitioner under Articles 226 and 227 of the Constitution of India read with Section 147 of the Negotiable Instrument Act, the petitioner prays for quashing and setting aside the judgment and order dated 14.06.2021 passed by the learned Additional Chief Judicial Magistrate, Idar in Criminal Case No.338 of 2019, by which, the present applicant - accused has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 5. Heard learned advocate, Mr. Vicky Mehta for the applicant, learned APP Mr. L.B. Dabhi for respondent no.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner has paid the outstanding amount to the respondent no.2, for which, the concerned authorized officer of the respondent no.2 - bank has filed an affidavit before this Court, copy of which is placed on record, wherein it is stated that if the impugned order of conviction is set aside, the complainant has no objection. Learned advocate, Ms. Jadeja has identified the respondent no.2 and confirmed the factor of settlement between the parties. 10. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the petitioner has been convicted by the concerned Criminal Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." 12. 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 could make an application for compounding of the offences at the first or second hearing of the case and that if such an application ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
