2022 (5) TMI 2

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....hable under Section 138 of the Negotiable Instruments Act (for short "N.I.Act") as well as judgement and order dated 25.2.2022 passed in Criminal Appeal No.186 of 2015 by learned 14th Additional Sessions Judge, Rajkot wherein, the learned First appellate Court has been pleased to partly allowed the said appeal and confirmed the judgement and order of conviction and sentence passed by the learned trial Court. 2.. Today, respondent No.1 Kishorbhai Lathabhai Khuti was present before this Court and he has identified by learned advocate for the the respondent No.1. He has filed affidavit dated 9th April, 2022. Learned advocate for the respondent No.1 has identified the signature of the respondent No.1 in the affidavit which was executed befor....

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....ave no any grudge or animosity and I do not want to proceed with the 138 proceeding and I have no objection. 4. It is further submitted that the respondent No.1 declared that he does not have any objection if the said revision application may be allowed in favour of applicant as there is no surviving grievance against the applicant by respondent No.1. 5. It is further submitted that the matter between the parties is amicably settled and respondent no.1 is giving no objection in this revision application it may be allowed in the interest of justice. 4 Learned advocates for the respective parties also confirm that the settlement is arrived at between the parties and stated that the dispute is amicably settled and nothing ....

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....d. Presumably, Parliament also realized this aspect and inserted Section 147 by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002)". 18.Taking into consideration even the said provision (Section 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We therefore dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent." 7. Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case, I am of the opinion that the revision application is required to be allowed and the parties be permitted to compound the offence. 8. Considering t....