2011 (11) TMI 854

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... RESPONDENT ORDER 1. RULE. Learned Advocate Mr. Gajendra P. Baghel and learned APP Mr. L.R. Pujari waive service of Rule on behalf of the respondent Nos.1 and 2 respectively. 2. The applicant-accused was convicted for the offences punishable under Section 138 of the Negotiable Instruments Act by the judgment and order dated 16-5-2010 passed in Criminal Case No.1787 of 2010 by the learned Metrop....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as, who submitted that the matter is settled between present applicant - original accused and the respondent No.1 - original complainant. It is further submitted that present applicant is ready to pay a cheque amount of ₹ 55,000/=. As per the settlement terms, the present applicant has paid today ₹ 30,000/= in cash and receipt is also issued by respondent No.2 - complainant and furthe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....faith in the efficacy of banking operation and credibility in transacting business on negotiable instruments. The 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 ensu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lowed and the parties be permitted to compound the offence. 9. In the result, the Revision Application is allowed. The judgment and order of conviction and sentence dated 16.05.2011 passed in Criminal Case No.1787 of 2010 by the learned Metropolitan Magistrate (NI Act), Court No.5, Ahmedabad, as also the judgment and order dated 09.08.2011 passed in Criminal Appeal No.2685 of 2011 by the learned ....