VIJAYKUMAR KIRTIKANT SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of respondent - State whereas Ms.Chaudhary waives service of notice of Rule on behalf of respondent No.2 - complainant.

(2.) By this application under Articles 226 and 227 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dtd. 21/12/2021 passed by learned Principal District Judge, Rajkot in Criminal Case No.7452 of 2019, whereby, the Court below has allowed the criminal case filed by the complainant and the petitioner herein-original respondent has been convicted for six months' simple imprisonment and also directed to pay the cheque amount as compensation to the complainant.

(3.) It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount has been paid to the respondent no. 2, which has been confirmed by the complainant by detailed affidavit, which has been placed on record. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the petitioner, by filing this petition, seeks compounding of the offence under Sec. 147 of the Negotiable Instruments Act.