2011 (3) TMI 1815

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.... 3. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today. 4. The present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused-convict for the following reliefs; (A) Your Lordships may be pleased to allow the Miscellaneous Criminal Application and be further pleased to recall the order of this Hon'ble Court dated 25/11/2010 passed in Criminal Revision Application No. 619/2009 in view of the compromise arrived at between the parties; and further be pleased to acquit the applicant-accused by quashing and setting aside the....

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.... offence and consequently to quash and set aside the order of conviction recorded by the learned trial Court confirmed by the learned Sessions Court as well as this Court. Shri Tushar Sheth, learned advocate appearing on behalf of the applicant has relied upon the decision of the learned Single Judge of this Court in the case of KIRPALSINGH PRATAPSINGH Vs. SALVINDER KAUR HARDISINGH LOBANA reported in 2004 (2) GLH 544. Relying upon the said decision, it is submitted that even after dismissal of Criminal Revision Application confirming the conviction by both the Courts below, compounding of the offence is permissible, more particularly, in cases under the Negotiable Instruments Act. Shri Tushar Sheth, learned advocate appearing on behalf of t....

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....pplicant has also deposited a sum of Rs. 10,000/- with the Gujarat State Legal Services Authority to be deposited as per the decision of the Hon'ble Supreme Court in the case of DAMODAR S. PRABHU (Supra) to be deposited while permitting the applicant to compound the offence and considering the decision of the learned Single Judge of this Court in the case of KIRPALSINGH PRATAPSINGH (Supra) and as neither the learned APP nor the learned advocate appearing on behalf of respondent no. 2, under instructions from his client, have no objection in permitting the applicant to compound the offence for which the applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, applicant is permitted to compoun....