2022 (1) TMI 708

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....he Code" for short) wherein the applicant has prayed that the judgment and order of conviction dated 27.12.2021 passed by learned Additional Judicial Magistrate First Class, Himmatnagar in Criminal Case No.142 of 2020 and all the other consequential proceedings arising out of the said judgment be quashed and set aside. 3. Heard learned advocate Mr.Kumar Trivedi for the petitioner, learned Additional Public Prosecutor Mr.Ronak Raval for respondent No.1 State and learned advocate Mr.Amit Bhavsar for respondent No.2. 3. Learned advocate for the applicant has submitted that respondent No.2 herein has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act" for short) against the applicant for dishonour o....

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....al Services Authority. 4. On the other hand, learned advocate Mr.Amit Bhavsar also submitted that a settlement is arrived at between the parties. Respondent No.2 is also present through video conferencing. When inquired, respondent No.2 has stated that if the impugned judgment is quashed and set aside, he has no objection. Learned advocate Mr.Bhavsar has identified him and confirmed the factor of settlement between the parties. 5. Having heard learned advocates appearing for the parties and having gone through the material placed on record, it has emerged that the applicant has been convicted by the concerned Criminal Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled th....

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....ercise of powers and the inherent powers of this court can always be invoked for imparting justice and bringing a quietus to the issue between the parties and hence, the present application is entertained." 7. In the case of Damodar S. Prabhu Vs. Sayed babalal H. (supra), the Honourable Supreme Court has issued guidelines in Para-21, relevant portion of which, reads as under: "The Guidelines:- (i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compoundin....