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TMI Blog2022 (5) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant has challenged the order of impugned judgment and order dated 23.1.2019 passed in Criminal Case No. 63414 of 2014 by learned 9th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Surat convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "N.I. Act") as well as order dated 8.2.2021 passed in Criminal Appeal No. 68 of 2019 with Criminal Revision Application No. 58 of 2019 by learned 14th Additional Sessions Judge District & Sessions Court, Surat wherein, the learned First appellate Court has been pleased to partly allowed the said appeal and confirmed the judgment and order of conviction and sentence passed by the learned trial Court. 2. Today, responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. It's humbly submitted that the case is settled between both the party and entire amount is deposited by the present applicant i.e. original accused. Therefore, I be allowed to withdraw the amount deposited before the learned subordinate court by the original accused. The original accused in total has deposited the amount of Rs. 50,000/- before the Registry of High Court and Rs. 4,00,000/- deposited before the learned trial Court which be allowed to be withdrawn by me i.e. the original complainant or it be transferred to me i.e. the original complainant. 4. Learned advocates for the respective parties also confirm that the settlement is arrived at between the parties and stated that the dispute is amicably settled and nothing requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rliament also realized this aspect and inserted Section 147 by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002)". 18. Taking into consideration even the said provision (Section 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We therefore dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent." 7. Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case, I am of the opinion that the revision application is required to be allowed and the parties be permitted to compound the offence. 8. Considering the facts of the case, submi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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