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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 ..... ON APPLICATION NO. 148 of 2021 - - - Dated:- 27-4-2022 - HONOURABLE MR. JUSTICE B. N. KARIA MR MANISH J PATEL(2131) FOR THE APPLICANT(S) NO. 1 MR.HARDIK SONI, APP FOR THE RESPONDENT(S) NO. 2 RAHUL S SHAH(9701) FOR THE RESPONDENT(S) NO. 1 ORDER Learned advocate for the respondent No. 1 has filed fresh affidavit which is taken on record. 1. By way of present Criminal Revision Application, applicant 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d interim relief to the petitioner (original accused) which was extended also. By an order dated 22.10.2021, the petitioner (original accused) was directed to deposit an amount of Rs. 50,000/-, which he has deposited. After that, this Hon'ble Court vide order dated 19.1.2021 directed the petitioner to deposit further amount of Rs. 4,00,000/- that amount was deposited on dated 19.1.2022 in trial Court, Surat by respondent. 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 deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provision is intended to prevent dishonesty on the party of the drawer of negotiable instruments in issuing cheques without sufficient funds or with a view to inducing the payee or holder in due course to act upon it. It thus seeks to promote the efficacy of banking operations and ensures credibility in transacting business through cheques. In such matters, therefore, normally compounding of offences should not be denied. Presumably, Parliament 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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