Petition to Quash Judgment Overturned: Acquittal and Release Granted

The High Court allowed the petition to quash the judgment passed by the District and Session Judge convicting the petitioner for non-repayment of a loan under section 138 of the NI Act. A settlement was reached between the petitioner and the complainant, resulting in the petitioner paying a substantial amount and the remaining debt being forgiven due to the petitioner's financial circumstances. Following the settlement and considering the guidelines for compounding offenses, the Court acquitted the petitioner, set aside the convictions, and ordered the petitioner's immediate release.

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Issues:
1. Quashing of judgment dated 04.10.2019 passed by the District and Session Judge
2. Appeal against conviction and sentencing for non-repayment of loan under section 138 of NI Act
3. Settlement between petitioner and complainant
4. Application of guidelines for compounding the offense

Analysis:
1. The petitioner sought to quash the judgment dated 04.10.2019 passed by the District and Session Judge, along with other related judgments. The case involved a loan request of Rs. 4,00,000 by the petitioner for his daughter's marriage, leading to the issuance of a post-dated cheque that bounced. The Trial Court convicted the petitioner, imposing a fine and imprisonment. The petitioner's appeal was also dismissed.

2. The petitioner and the complainant reached a settlement where the petitioner paid Rs. 3,00,000, which was accepted without protest. The complainant, acknowledging the financial circumstances of the petitioner, forgave the remaining amount. The counsel for the complainant expressed no objection to the petition being allowed based on the settlement.

3. Considering the settlement and the petitioner's poor financial condition, the High Court allowed the petition. Citing the guidelines from Damodar S. Prabhu vs Sayed Babalal H, the Court waived off the additional costs usually required for compounding the offense. Consequently, the judgments convicting and sentencing the petitioner were set aside, and the petitioner was acquitted from the case under section 138 of the NI Act.

4. The Court directed the concerned Jail Superintendent to release the petitioner immediately, concluding the matter with an order for dasti under the signatures of the Court Master.

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