2022 (2) TMI 299

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....the same. 3. Rule. Learned APP Mr. L.B. Dabhi for respondent no.1 and learned advocate, Mr. Ravi B. Shah for respondent no.2 waive service of notice of Rule. 4. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and setting aside the judgment and order dated 20.12.2021 passed by the learned Judicial Magistrate, First Class, Talod, in Criminal Acse No.913 of 2021, by which, the present applicant - accused has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple imprisonment for a period of six months. The applicant was also directed to pay Rs. 10,000/- by way of fin....

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....lso submitted that a settlement is arrived at between the parties. Respondent No.2 - Bhavesh Kanubhai Patel, Manager of Baroda (Old) Dena Gujarat Gramin Bank, Nana Chekhla Branch is also present through video conferencing. When inquired, he has stated that if the impugned judgment is quashed and set aside, he has no objection. Learned advocate Mr.Shah has identified him and confirmed the factor of settlement between the parties. 10. 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 the d....

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....t 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." 12. 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, compounding may be allowed by the court without imposing any costs....